# In the matter of M.K. Rajagopalan Vs. Dr. Periasamy Palani Gounder & Anr. Civil Appeal Nos. 1682-1683/2022

> SC judgment dated 2022-03-16. Citation: TCN-2022-SC-00065. Civil Appeals Nos. 1682-1683/2022 were heard in the Supreme Court of India. The appeals involved a…

- **Court:** SC
- **Order date:** 16 Mar 2022
- **Citation:** TCN-2022-SC-00065
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/mk-rajagopalan-vs-dr-periasamy-palani-gounder-anr-civil-appeal-nos-1682-16832022-0a4e5ede

## Summary

### Background

Civil Appeals Nos. 1682-1683/2022 were heard in the Supreme Court of India. The appeals involved a challenge to an order of the National Company Law Appellate Tribunal ('NCLAT'). During the proceedings, it was brought to the court's attention that the Committee of Creditors ('CoC') had already convened on 2022-03-03 pursuant to the impugned NCLAT order, with another meeting scheduled for 2022-03-21.

## Facts

M.K. Rajagopalan filed Civil Appeals Nos. 1682-1683/2022 against Dr. Periasamy Palani Gounder & Anr. in the Supreme Court, challenging an order from the NCLAT. Several applications were filed, including those for exemption from filing certified copies of the impugned judgment, permission to file additional documents, and ex-parte ad-interim relief. The court noted that the CoC had met on 2022-03-03 pursuant to the NCLAT order, with another meeting scheduled for 2022-03-21. The court allowed the CoC meetings to continue but made them subject to the final orders in the appeals. Arguments were concluded and judgment was reserved. Counsel were allowed to file additional notes by 2022-03-22.

## Issues and analysis

### Issue 1: Whether the meetings and proceedings of the Committee of Creditors (CoC) should be allowed to …

**Ratio:** The court has the discretion to balance the need for ongoing insolvency resolution with

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**Reasoning:** The court reasoned that allowing the CoC meetings to continue would facilitate the

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**Interpretation:** This reflects a pragmatic approach, acknowledging the importance of timely

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**Application:** In this specific case, the court applied this principle by allowing the CoC

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## Parties

- **Judges:** DINESH MAHE…; VIKRAM…
- **Appellants:** M.K. Rajag…
- **Respondents:** Periasamy Palani…
- **Other parties:** Over Tu…

## Timeline

- **2022-03-03 — CoC Meet…**: Meeting of the Committee of Creditors ('CoC') took place pursuant to the impugned order…
- **2022-03-16 — Hearing…**: Appeals were called on…

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