Authority: National Company Law Tribunal, Jaipur Bench
Order Date: July 13, 2026
Case Overview
The National Company Law Tribunal (NCLT) Jaipur Bench heard multiple interlocutory applications in the matter of CP No. (IB)-18/9/JPR/2021 under Section 9 of the Insolvency and Bankruptcy Code, 2016. The case involves Mr. Rakesh Kumar Goswami (Proprietor of Lamsyn Enterprises) as the Operational Creditor/Applicant versus M/s Western Energetics Pvt. Ltd. as the Corporate Debtor/Respondent.
The primary application (IA No. 579/JPR/2023) was filed by the Resolution Professional (RP) seeking cooperation from the Suspended Management of Western Energetics Pvt. Ltd. The RP reported that despite the vacation of a restraint order by the Hon'ble NCLAT, they have been unable to issue Form-G due to complete lack of assistance, cooperation, or support from the respondent management.
The RP further informed the tribunal that despite issuing various notices, the respondent (who is the sole member of the Committee of Creditors or CoC) has consistently failed to attend CoC meetings, which is significantly derailing the entire Corporate Insolvency Resolution Process (CIRP). The RP emphasized that the statutory period of 180 days for the CIRP is due to expire on July 24, 2026, making the lack of cooperation critically time-sensitive.
Final Outcome
The tribunal adjourned IA No. 579/JPR/2023 to July 14, 2026, directing the respondent to seek appropriate instructions regarding their participation in the CIRP proceedings. The bench explicitly warned that if cooperation is not forthcoming, they would be constrained to direct the personal appearance of the Administrator of the respondent bank. Two other applications (IA No. 135/JPR/2026 and IA No. 374/JPR/2024) were also adjourned to the same date for further hearing.
Topics: Corporate Insolvency, NCLT Proceedings, Management Non-Cooperation