# In the matter of Rajiv Bhatnagar Vs Csa Corporation P Limited

> HC judgment dated 2024-02-26. Citation: TCN-2024-HC-00124. The case involves a petition filed by Rajiv Bhatnagar, the Resolution Professional (RP) of M/S UM…

- **Court:** HC
- **Order date:** 26 Feb 2024
- **Citation:** TCN-2024-HC-00124
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/rajiv-bhatnagar-vs-csa-corporation-p-limited-46db83de

## Summary

### Background

The case involves a petition filed by Rajiv Bhatnagar, the Resolution Professional (RP) of M/S UM Green Lighting Pvt. Ltd, seeking to set aside summons issued to him in a complaint case (C.R Case No.12/2021) filed under sections 420/406 of the IPC. The RP was appointed by the National Company Law Tribunal (NCLT), Delhi, following insolvency proceedings initiated against M/S UM Green Lighting Pvt. Ltd. The complaint case alleges offenses related to a contract awarded to M/S CSA Corporation Private Limited (formerly Orsus Agro Developers Pvt. Ltd) and the petitioner for a project involving the supply and commissioning of solar LED street lights. The petitioner argues that as an RP, he is protected from prosecution under sections 14, 223 r/w 238, and 236 of the Insolvency

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## Facts

M/S UM Green Lighting Pvt. Ltd. faced insolvency proceedings, leading to the appointment of Rajiv Bhatnagar as the Resolution Professional (RP) by the NCLT on 2023-01-10. A complaint case, C.R Case No.12/2021, was filed against the company and others, including the RP, under sections 420/406 IPC. The complaint relates to a contract awarded to M/S CSA Corporation Private Limited (formerly Orsus Agro Developers Pvt. Ltd) and the petitioner for a project involving the supply and commissioning of solar LED street lights in five states under the Atal Jyoti Yojana (AJAY). The contract was awarded via Letter of Award dated 2019-02-10 and 2017-09-13. The respondents allegedly could not continue the work due to non-payment, and the petitioner company went under insolvency. The

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## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) of a company undergoing insolvency can be prosecuted for …

**Ratio:** The Insolvency and Bankruptcy Code (IBC), 2016 provides certain immunities and

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**Reasoning:** The court reasoned that the petitioner, being the RP, was appointed to manage the

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**Interpretation:** The IBC aims to balance the interests of various stakeholders while

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**Application:** In this case, the court applied the principle that the RP should not be held

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## Parties

- **Judges:** SUSMITA PHUKAN…
- **Appellants:** RAJIV BHA…
- **Respondents:** M/S UM GREEN…; M/S CSA CORPORATIO…

## Timeline

- **2019-01-01 — Moratorium D…**: A moratorium was declared in terms of the provisions of section 14 of the Code in CP…
- **2019-02-10 — Letter of…**: Accused of C.R case No.12/2021 were awarded…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(27) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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