Case Details

Case Name: Amex Infrastructure Pvt. Ltd. & Ors. vs. Ajit Kumar (Erstwhile Resolution Professional of Eskay Knit (India) Ltd.) & Ors.

Court/Authority: National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi

Case Number: Company Appeal (AT) (Insolvency) No. 183 & 184 of 2026 along with I.A. No. 677, 918 of 2026

Date of Order: 25th May 2026

Parties Involved

Appellants: Amex Infrastructure Pvt. Ltd. & Others

Respondents:

1. Ajit Kumar, the Erstwhile Resolution Professional (RP) of Eskay Knit (India) Ltd.

2. Other Respondents (not named in detail)

Representation:

  • For Appellants: Mr. Rishabh Shah, Advocate.
  • For Respondent 1 (RP): Mr. Atul Sharma and Mr. Pankaj Jain, Advocates.
  • For Respondent 2: Ms. Prachi Johri and Mr. Sachin Jain, Advocates.

Issues / Allegations / Violations

The appeal concerns the rejection of a claim filed by the appellant, Amex Infrastructure Pvt. Ltd., during the Corporate Insolvency Resolution Process (CIRP) of Eskay Knit (India) Ltd. The claim was rejected by the Resolution Professional. The CIRP subsequently failed, and the Corporate Debtor (Eskay Knit (India) Ltd.) was ordered into liquidation.

Findings & Observations

The Tribunal noted the current procedural status of the Corporate Debtor. In a separate appeal, the appointment of the liquidator for Eskay Knit (India) Ltd. has been set aside by the NCLAT, and the matter was referred back to the Adjudicating Authority (NCLT). A new liquidator has not yet been appointed, leaving the Corporate Debtor in an interim, unresolved state (described as "in no-man's land").

The Tribunal observed that while the participation of the Resolution Professional is not strictly required in this appeal, since he has been made a party, he is directed to file a status report instead of a formal reply.

Penalties / Settlements / Directions

No penalties or settlements were discussed or ordered in this hearing. The primary directions were procedural:

  • The Resolution Professional is directed to file a status report.
  • The appellant's request for an interim order was noted and will be considered at the next hearing.

Final Ruling & Enforcement

The appeal was not decided on its merits. The Tribunal adjourned the hearing and listed the case for the next posting on 10th July 2026 for further proceedings.

The order was passed by a bench comprising:

  • Justice N Seshasayee (Member - Judicial)
  • Arun Baroka (Member - Technical)
  • Indevar Pandey (Member - Technical)