# In the matter of Eskay K "N" IT (India) Ltd. C.P.(I.B) No. 283-7-NCLT-AHM-2018

> NCLT judgment dated 2020-03-18. Citation: TCN-2020-NCLT-01456. The case pertains to C.P. (I.B) No.283/7/NCLT/AHM/2018 before the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 18 Mar 2020
- **Citation:** TCN-2020-NCLT-01456
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/eskay-k-n-it-india-ltd-cpib-no-283-7-nclt-ahm-2018-938c3a61

## Summary

### Background

The case pertains to C.P. (I.B) No.283/7/NCLT/AHM/2018 before the National Company Law Tribunal (NCLT), Ahmedabad Bench. The hearing took place on March 18, 2020. The matter involves Wellworth Apparels Pvt. Ltd. & Anr. as the petitioner versus Eskay K 'N' IT (India) Ltd.

## Facts

The case C.P. (I.B) No.283/7/NCLT/AHM/2018 was filed by Wellworth Apparels Pvt. Ltd. & Anr. against Eskay K 'N' IT (India) Ltd. under Section 7 of the Insolvency and Bankruptcy Code. The hearing was scheduled for order pronouncement on March 18, 2020. However, the petitioner's counsel informed the court that another bench (Court No. 2) had already admitted a petition (CP(IB) 420 of 2018) and initiated the Corporate Insolvency Resolution Process (CIRP) against Eskay K 'N' IT (India) Ltd. on February 17, 2020. As a result, the present case became infructuous.

## Issues and analysis

### Issue 1: Whether CP(IB) 283 of 2018 should be dismissed as infructuous due to the prior initiation of …

**Ratio:** The principle of avoiding duplication of proceedings and recognizing the prior initiation

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**Reasoning:** The court reasoned that since a coordinate bench had already admitted a petition and

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**Interpretation:** This reflects an interpretation of procedural efficiency and judicial economy

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Harihar Prakash…; Prasanta Kumar…
- **Appellants:** Wellworth…
- **Respondents:** Eskay K' N' IT…

## Timeline

- **2018-01-01 — Case Fil…**: C.P. (I.B) No.283/7/NCLT/AHM/2018…
- **2020-02-17 — CIRP Initiated by…**: Coordinate bench (Court No. 2) admitted CP(IB) 420 of 2018 and initiated Corporate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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