# In the matter of Eskay K ‘N’ IT (India) Ltd. Cont.P- 02 of 2022 Item No.212 – IA 491 of 2021 In CP(IB) 420 of 2018

> NCLT judgment dated 2022-07-13. Citation: TCN-2022-NCLT-01744. The case involves non-compliance of an order dated 20.08.2020 directing the Resolution…

- **Court:** NCLT
- **Order date:** 13 Jul 2022
- **Citation:** TCN-2022-NCLT-01744
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/eskay-k-n-it-india-ltd-contp-02-of-2022-item-no212-ia-491-of-2021-in-cpib-420-of-e07436b4

## Summary

### Background

The case involves non-compliance of an order dated 20.08.2020 directing the Resolution Professional to pay the remuneration of the Interim Resolution Professional (IRP). The IRP filed an application in January 2020 due to this non-compliance. CoC members remitted the remuneration amount with the Resolution Professional, who was then supposed to pay the erstwhile IRP. An application (IA 491 of 2021) was filed by the Resolution Professional against a tenant and the District Collector, Solan, Himachal Pradesh.

## Facts

The Bank of India initiated proceedings under Section 7 of the IBC against Eskay K 'N' IT (India) Ltd. An order dated 20.08.2020 directed the Resolution Professional to pay the remuneration of the IRP, but this order was not complied with, leading the IRP to file an application in January 2020. The CoC members remitted the remuneration amount to the Resolution Professional. Subrata Maity, the initial Resolution Professional, was replaced by Ajit Kumar. The new Resolution Professional, Ajit Kumar, stated that Mr. Maity was not cooperating in handing over records, hindering compliance. An application (IA 491 of 2021) was filed by the Resolution Professional against a tenant and the District Collector, Solan, Himachal Pradesh. Respondent No. 2 in IA 491 of 2021 did not

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## Issues and analysis

### Issue 1: Whether the Resolution Professional complied with the order dated 20.08.2020 regarding the payment …

**Ratio:** The principle of compliance with court orders is paramount in insolvency proceedings.

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**Reasoning:** The court noted that the initial order for remuneration payment was not complied with,

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**Interpretation:** The interpretation emphasizes the importance of timely compliance with orders

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**Application:** The court directed the present Resolution Professional to ensure compliance

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## Parties

- **Judges:** DEEPTI M…; Ajai Das Me…
- **Appellants:** Bank of…
- **Respondents:** Eskay K' N' IT…; Eskay K 'N' IT…

## Timeline

- **2020-01-01 — Application…**: The IRP filed an application due to…
- **2020-08-20 — Order for Remu…**: Order directing the Resolution…

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