# Tapan Chakraborty vs. Roofers Infrastructure India Private Limited

> NCLT judgment dated 2026-09-11. Citation: TCN-2026-NCLT-01028. Roofers Infrastructure India Private Limited (Corporate Debtor) was admitted into Corporate…

- **Court:** NCLT
- **Order date:** 11 Sept 2026
- **Citation:** TCN-2026-NCLT-01028
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/tapan-chakraborty-vs-roofers-infrastructure-india-private-limited-z2i20

## Summary

### Background

Roofers Infrastructure India Private Limited (Corporate Debtor) was admitted into Corporate Insolvency Resolution Process (CIRP) by NCLAT on 11.02.2025. Mr. Tapan Chakraborty was appointed as the Interim Resolution Professional (IRP) and subsequently confirmed as the Resolution Professional (RP). Public announcements were made, and claims were invited. The Committee of Creditors (CoC) was constituted with Samskar Financial Services Private Limited as the sole secured Financial Creditor. Despite publishing Form-G and extending the CIRP period, no viable resolution plan was received for the Corporate Debtor. Consequently, the CoC, with 100% voting share, resolved to initiate liquidation proceedings under Section 33 of the Insolvency and Bankruptcy Code, 2016.

## Facts

Roofers Infrastructure India Private Limited (Corporate Debtor) was admitted into Corporate Insolvency Resolution Process (CIRP) by NCLAT on 11.02.2025.

Mr. Tapan Chakraborty was appointed as the Interim Resolution Professional (IRP) by the NCLT on 26.02.2025.

The IRP made public announcements in Form A in two newspapers and issued emails to statutory authorities and financial creditors to invite claims.

The IRP issued emails to the Suspended Board of Directors (SBoD) on 07.03.2025, seeking information and cooperation, but the SBoD failed to cooperate despite reminders on 15.03.2025 and 24.03.2025.

The RP filed IA/711/2025 under Section 19(2) of the IBC on 06.05.2025, seeking directions against the non-cooperating SBoD.

…

## Issues and analysis

### Issue 1: Whether the application for initiation of liquidation proceedings against Roofers Infrastructure …

**Ratio:** The Adjudicating Authority is obligated to initiate liquidation proceedings under Section

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**Reasoning:** The CoC, with 100% voting share, resolved to initiate liquidation after no viable

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**Interpretation:** Section 33(1) of the IBC makes the initiation of liquidation inevitable and

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**Application:** Given that the CoC's decision to liquidate was a well-informed business

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## Parties

- **Judges:** BIDISHA BA…; Rekha Kantilal…
- **Appellants:** Tapan Chakr…
- **Respondents:** Roofers Infrastruc…
- **Other parties:** Committee of…; Suspended Board…; +2 more
- **Advocates:** Jai Narayan…; Vishal…; +4 more

## Timeline

- **2025-02-11 — CIRP Admi…**: The Corporate Debtor was admitted into Corporate Insolvency Resolution Process by the…
- **2025-02-26 — IRP Appoi…**: Mr. Tapan Chakraborty was appointed as the Interim Resolution Professional (IRP) by the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33 — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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