# In the matter of Eskay K "N" IT (India) Ltd. IA 245,393 & 526 of 2021 in CP(IB) 420 of 2018

> NCLT judgment dated 2022-07-26. Citation: TCN-2022-NCLT-01576. The case involves proceedings under Section 7 of the Insolvency and Bankruptcy Code (IBC). The…

- **Court:** NCLT
- **Order date:** 26 Jul 2022
- **Citation:** TCN-2022-NCLT-01576
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/eskay-k-n-it-india-ltd-ia-245393-526-of-2021-in-cpib-420-of-2018-99054e4b

## Summary

### Background

The case involves proceedings under Section 7 of the Insolvency and Bankruptcy Code (IBC). The erstwhile Resolution Professional (RP) was replaced, but the new RP has not received cooperation from the previous RP, including documents, assets, and information. This lack of cooperation hinders the Corporate Insolvency Resolution Process (CIRP). An application was filed under Section 19(2) of the IBC, 2016.

## Facts

Bank of India filed an application under Section 7 of the IBC against Eskay K 'N' IT (India) Ltd. The erstwhile RP, who was later replaced, did not provide cooperation to the new RP, withholding documents, assets, and information. This lack of cooperation hindered the CIRP. An application was filed under Section 19(2) of the IBC, 2016. The court directed the present RP to file a complaint with the IBBI regarding the conduct of the replaced RP and expedite the resolution of the issue with the CoC. Applications were also filed by the RP under Section 33 IBC, 2016 (IA 526 of 2021) and by claimants whose claims have not been admitted/decided by the erstwhile RP (IA 393 of 2021).

## Issues and analysis

### Issue 1: Whether the lack of cooperation from the …

**Ratio:** The principle of ensuring a smooth

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**Reasoning:** The court recognizes that the lack of cooperation from the replaced RP is impeding the

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**Interpretation:** The IBC mandates cooperation between all parties involved in the CIRP to ensure

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**Application:** The court applies this principle to the specific facts by acknowledging that

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## Parties

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

## Timeline

- **2022-06-02 — Order Da…**: Order date when the…
- **2022-07-26 — Order Del…**: Order delivered regarding the lack of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(2) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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