# In the matter of R. Raghavendran vs. C. Raja John & Ors.

> SC judgment dated 2023-09-13. Citation: TCN-2023-SC-00038. The appeal challenges the NCLAT's judgment dated 2021-12-01 regarding the status of Springfield…

- **Court:** SC
- **Order date:** 13 Sept 2023
- **Citation:** TCN-2023-SC-00038
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/r-raghavendran-vs-c-raja-john-ors-fbe93257

## Summary

### Background

The appeal challenges the NCLAT's judgment dated 2021-12-01 regarding the status of Springfield Shelters Pvt. Ltd. as a Micro, Small & Medium Enterprise (MSME) in the context of insolvency proceedings initiated on 2020-02-12. The NCLAT had questioned the MSME status due to certificate procurement timing. The NCLT initially deemed the respondent ineligible as a promoter under Section 29(A)(e) of the Insolvency and Bankruptcy Code, considering the entity not an MSME. However, NCLAT found the entity to be an MSME prior to proceedings, altering the scenario. The Resolution Professional approached the Supreme Court due to contempt proceedings filed by the respondent, alleging non-compliance with the NCLAT order.

## Facts

The corporate debtor, Springfield Shelters Pvt. Ltd., is a Micro, Small & Medium Enterprise (MSME). Insolvency proceedings were initiated against the entity on 2020-02-12. The NCLAT questioned the MSME status of the entity based on the timing of certificate procurement. The NCLT initially deemed the respondent ineligible as a promoter under Section 29(A)(e) of the Insolvency and Bankruptcy Code. The NCLAT found that the entity had MSME status prior to the proceedings. The respondent filed contempt proceedings against the Resolution Professional, alleging non-compliance with the NCLAT order dated 2021-12-01. The appellant sought to invite other plans, leading to e-voting. The respondent filed contempt proceedings, staying the e-voting results. The respondent

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## Issues and analysis

### Issue 1: Whether the observations made in paragraphs 32 and 34 of the NCLAT's judgment can be sustained in …

**Ratio:** The legal principle is that while MSMEs are entitled to certain privileges under the

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**Reasoning:** The court reasoned that the observations in the NCLAT's judgment, particularly in

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**Interpretation:** The interpretation of the legal issue involves understanding the interplay

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**Application:** In this specific case, the court applied the ratio by setting aside paragraphs

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## Parties

- **Judges:** SANJAY KISH…; Sudhanshu…
- **Appellants:** R. Raghav…
- **Respondents:** Springfield…; C. Raja…

## Timeline

- **2020-02-12 — Insolvency Proceedings…**: Insolvency proceedings were initiated…
- **2021-12-01 — NCLAT Jud…**: NCLAT issued a judgment regarding the MSME…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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