# Jet Roadlines (India) Pvt. Ltd vs EMCO Ltd.

> NCLT judgment dated 2026-08-12. Citation: TCN-2026-NCLT-00859. Mr. Sundaresh Bhat, the Liquidator of EMCO Limited (Corporate Debtor), filed an application (IA…

- **Court:** NCLT
- **Order date:** 12 Aug 2026
- **Citation:** TCN-2026-NCLT-00859
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/jet-roadlines-india-pvt-ltd-vs-emco-ltd-n42qb

## Summary

### Background

Mr. Sundaresh Bhat, the Liquidator of EMCO Limited (Corporate Debtor), filed an application (IA 3486/2026) under Section 60(5) of the IBC and Regulation 8B of the Liquidation Regulations. He sought the appointment of Mr. Sutanu Sinha as the new Liquidator, as he intended to resign due to taking up professional employment.

## Facts

IA 3486/2026 was filed by Mr. Sundaresh Bhat, the Liquidator of EMCO Limited ("Corporate Debtor").

The application seeks the appointment of Mr. Sutanu Sinha, an Insolvency Professional, as the incoming Liquidator in place of Mr. Sundaresh Bhat.

Mr. Sundaresh Bhat decided to take up professional employment, making him unable to continue as the Liquidator.

During the Stakeholders' Consultation Committee ("SCC") meeting held on 29 July 2026, the Applicant apprised the members of his decision.

The SCC approved Mr. Sundaresh Bhat's resignation and voted to replace him.

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## Issues and analysis

### Issue 1: Whether the application for the appointment of a new Liquidator in place of the existing Liquidator …

**Ratio:** The NCLT has the power under Section 60(5) of the IBC, read with Regulation 8B of the

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**Reasoning:** The existing Liquidator, Mr. Sundaresh Bhat, expressed his inability to continue due to

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**Interpretation:** Section 60(5) grants the NCLT broad powers to entertain applications related to

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**Application:** Given Mr. Sundaresh Bhat's resignation and the SCC's approval for Mr. Sutanu

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## Parties

- **Judges:** ANIL RAJ C…; ASHISH…
- **Appellants:** Jet Roadlines…; Sundaresh…
- **Respondents:** EMCO Li…; EMCO…
- **Other parties:** Stakeholders…; Bank of B…; +5 more
- **Advocates:** Ayush R…; Khushboo Shah…; +1 more

## Timeline

- **2026-07-29 — SCC Meet…**: Stakeholders' Consultation Committee (SCC) meeting held, where Mr. Sundaresh Bhat…
- **2026-08-12 — Order Sheet of…**: NCLT Mumbai Bench Court II issued an order sheet for the hearing of IA 3486/2026,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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