# In the matter of Trako Infra (India) Pvt. Ltd.

> NCLT judgment dated 2025-01-16. Citation: TCN-2025-NCLT-00622. The case involves Pentax Ferro Incorporate as the applicant and Trako Infra (India) Pvt Ltd as…

- **Court:** NCLT
- **Order date:** 16 Jan 2025
- **Citation:** TCN-2025-NCLT-00622
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/trako-infra-india-pvt-ltd-e51e05c9

## Summary

### Background

The case involves Pentax Ferro Incorporate as the applicant and Trako Infra (India) Pvt Ltd as the respondent. The matter pertains to a Corporate Insolvency Resolution Process (CIRP) under the provisions of the IBC. Orders were previously issued directing the Resolution Professional (RP) to conduct the CIRP, but the RP has not taken any steps. The Tribunal is forwarding the orders to the IBBI for appropriate action.

## Facts

Pentax Ferro Incorporate initiated a Corporate Insolvency Resolution Process (CIRP) against Trako Infra (India) Pvt Ltd. The Tribunal issued orders on 2024-02-16 and 2024-05-21, directing the Resolution Professional (RP) to conduct the CIRP in accordance with the IBC. However, the RP did not appear before the Tribunal, and no steps were taken to progress the CIRP. The RP, Mr. Rajeev Nandkishore Bhatia, was warned on 2023-08-21 for non-appearance. The application has been pending since 2020. Due to the RP's continued absence and inaction, the Tribunal dismissed the application for non-prosecution. The Tribunal has directed the registry to forward copies of the orders to the IBBI.

## Issues and analysis

### Issue 1: Whether the Tribunal can dismiss an application for non-prosecution when the Resolution …

**Ratio:** The Tribunal has the authority to dismiss an application for non-prosecution when the RP

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**Reasoning:** The Tribunal's reasoning is based on the RP's failure to comply with the orders issued to

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**Interpretation:** The interpretation is that the RP's role is crucial in the CIRP, and their

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**Application:** In this case, the RP's failure to take any steps in the CIRP and their

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## Parties

- **Judges:** LAKSHMI G…; Charanjeet Singh…
- **Appellants:** Pentax Ferro…
- **Respondents:** Trako Infra…

## Timeline

- **2020-01-01 — Application…**: The application has…
- **2023-08-21 — RP Warne…**: The RP was warned for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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