# In the matter of Warasgaon Asset Maintenance Ltd.

> NCLT judgment dated 2024-01-24. Citation: TCN-2024-NCLT-02936. The case involves a hearing before the Mumbai Bench of the National Company Law Tribunal…

- **Court:** NCLT
- **Order date:** 24 Jan 2024
- **Citation:** TCN-2024-NCLT-02936
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/warasgaon-asset-maintenance-ltd-27841cef

## Summary

### Background

The case involves a hearing before the Mumbai Bench of the National Company Law Tribunal (NCLT). The tribunal is addressing a matter related to Raj Infrastructure Development (India) Pvt Ltd. versus Warasagaon Assets Maintenance Ltd. The hearing is conducted through video conferencing and physical presence (hybrid mode). The core issue revolves around the conduct of the Resolution Professional (RP) and their failure to appear before the bench despite prior directives. The case is related to Section 9 of the IBC, 2016.

## Facts

Raj Infrastructure Development (India) Pvt Ltd. is in a case against Warasagaon Assets Maintenance Ltd. before the NCLT Mumbai Bench. The hearing is conducted through VC and physical presence (hybrid mode). The Resolution Professional (RP) was previously directed by the tribunal on 2023-01-24 to appear before the bench. The RP has failed to appear despite the direction. The tribunal views this as a serious matter and warns that the RP's conduct will be reported to the IBBI for disciplinary proceedings. A final opportunity is given to Mr. Ashish Lal, the RP, to appear. The case is related to Section 9 of the IBC, 2016. The case is listed on 2024-03-01.

## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) is in non-compliance with the tribunal's order to appear …

**Ratio:** The ratio is based on the principle that orders of the NCLT must be complied with, and

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**Reasoning:** The tribunal notes that it had previously directed the RP to appear before the bench on

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**Interpretation:** The interpretation is that the RP's failure to appear is a violation of the

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** LAKSHMI G…; Shri. Charanjeet…
- **Appellants:** Raj Infrastructure…
- **Respondents:** Warasagaon Assets…
- **Advocates:** Kriti Ka…

## Timeline

- **2023-01-24 — Previous Tribu…**: The Tribunal directed the RP…
- **2024-01-24 — Current Heari…**: Order sheet of the hearing of Mumbai Bench…

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