Supreme Court of India

M. K. Rajagopalan v. Dr. Periasamy Palani Gounder & Anr

Neutral citation

Reported as [2023] 9 S.C.R. 783

Bench Dinesh Maheshwari and Vikram Nath JJ.

Decided 3 May 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above, these appeals are disposed of in the following terms: - M. K. RAJAGOPALAN v.

Judgment, page 133

From the headnote

Insolvency and Bankruptcy Code, 2016 – ss. 12A, 29- (e), 30(2)(e) & 30(6) – Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulati ons, 2016 – Regulation 36- (2)(iii) – Disapproval of resolution plan by the Appellate Tribunal (NCLAT) for want of presenta tion of final resolution plan before CoC – Held: Is unexceptionable and calls for no interference – When the modified resolution plan, even if carrying minor modification /revision was not finall y approved by CoC, its presentation to the Adjudicating Authority amounts to a material

Authorities it was built on

2019 Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors. cited by 56
2019 Committee of Creditors of Essar Steel India Limited through Authorised Signatory v. Satish Kumar Gupta & Ors. cited by 28
2019 K. Sashidhar v. Indian Overseas Bank & Ors. cited by 24
2020 Maharashtra Seamless Limited v. Padmanabhan Venkatesh & Ors. cited by 12
2021 Jaypee Kensington Boulevard Apartments Welfare Association & Ors. v. Nbcc (india) Ltd. & Ors. cited by 8
2021 Kalpraj Dharamshi & Anr. v. Kotak Investment Advisors Ltd. & Anr. cited by 8

Where later benches applied it

2025 Piramal Capital and Housing Finance Limited (formerly Known as Dewan Housing Finance Corporation Limited) v. 63 Moons Technologies Limited & Others referred to

Of those, 1 referred to

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