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september 2023

Supreme Court of India · 2023-09-13

R. RAGHAVENDRAN vs C. RAJA JOHN

Citation / case number
SC 2022/8619
Court
Supreme Court of India
Petitioner
R. RAGHAVENDRAN
Respondent
C. RAJA JOHN
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court examined whether the MSME status of Springfield Shelters Pvt. Ltd. was valid prior to the insolvency proceedings, which impacted the eligibility of the entity's resolution plan under the Insolvency and Bankruptcy Code, 2016. The court upheld the finding that the entity was an MSME before the proceedings began, thereby entitling it to the benefits under the MSME Act. The decision clarified that the MSME status, if established prior to the initiation of insolvency, influences the applicability of certain provisions and benefits. The court remanded the matter for further consideration consistent with this finding.

R. RAGHAVENDRAN vs C. RAJA JOHN · Niyam