SC ruling empowers MSME promoters to submit resolution plans under IBC
ECONOMY & POLICY

SC ruling empowers MSME promoters to submit resolution plans under IBC

In a landmark judgment, the Supreme Court has clarified the applicability of Sections 29A and 240A of the Insolvency and Bankruptcy Code (IBC), providing a significant boost to Micro, Small, and Medium Enterprises (MSMEs) facing insolvency.

The Court ruled that the eligibility for MSME promoters to submit resolution plans under Section 240A should be determined by the date of submission of the resolution plan, rather than the commencement of the Corporate Insolvency Resolution Process (CIRP). This decision overturns a previous ruling by the National Company Law Appellate Tribunal (NCLAT), which had barred MSME promoters from submitting plans if their MSME certification was obtained after the CIRP began.

This ruling supports the objective of protecting MSME businesses from harsh measures under Section 29A and ensures that viable businesses can survive and revive. The 2018 Insolvency Law Committee had recommended that non-wilful defaulter promoters be allowed to reclaim their businesses, fostering an environment conducive to revival and protecting employment.

In the case of Hari Babu Thota, the Supreme Court ruled that MSME promoters are eligible to participate in the resolution process as long as they obtain MSME certification before submitting their resolution plan. This judgment reinforces the IBC’s focus on corporate revival rather than liquidation, giving MSME promoters a chance to regain control of their businesses and navigate financial distress.

The ruling aligns with the broader goals of economic resilience and growth in India, emphasizing the importance of facilitating business recovery and preserving employment.

In a landmark judgment, the Supreme Court has clarified the applicability of Sections 29A and 240A of the Insolvency and Bankruptcy Code (IBC), providing a significant boost to Micro, Small, and Medium Enterprises (MSMEs) facing insolvency.The Court ruled that the eligibility for MSME promoters to submit resolution plans under Section 240A should be determined by the date of submission of the resolution plan, rather than the commencement of the Corporate Insolvency Resolution Process (CIRP). This decision overturns a previous ruling by the National Company Law Appellate Tribunal (NCLAT), which had barred MSME promoters from submitting plans if their MSME certification was obtained after the CIRP began.This ruling supports the objective of protecting MSME businesses from harsh measures under Section 29A and ensures that viable businesses can survive and revive. The 2018 Insolvency Law Committee had recommended that non-wilful defaulter promoters be allowed to reclaim their businesses, fostering an environment conducive to revival and protecting employment.In the case of Hari Babu Thota, the Supreme Court ruled that MSME promoters are eligible to participate in the resolution process as long as they obtain MSME certification before submitting their resolution plan. This judgment reinforces the IBC’s focus on corporate revival rather than liquidation, giving MSME promoters a chance to regain control of their businesses and navigate financial distress.The ruling aligns with the broader goals of economic resilience and growth in India, emphasizing the importance of facilitating business recovery and preserving employment.

Next Story
Real Estate

Dharavi Rising

Dharavi, Asia’s largest informal settlement, stands on the cusp of a historic transformation. With an ambitious urban renewal project finally taking shape, millions of residents are looking ahead with hope. But delivering a project of this scale brings immense challenges – from land acquisition to rehabilitate ineligible residents outside Dharavi and rehabilitation to infrastructure development. It also requires balancing commercial goals with deep-rooted social impact. At the helm is SVR Srinivas, IAS, CEO & Officer on Special Duty, Dharavi Redevelopment Project (DRP), Government..

Next Story
Real Estate

MLDL Records 20.4% Growth in Pre-Sales

Mahindra Lifespace Developers Limited (MLDL), the real estate and infrastructure development arm of the Mahindra Group, announced its financial results for the quarter ended March 31, 2025. In line with INDAS 115, the company recognises revenues using the completion of contract method. Key highlights FY25: Consolidated sales (Residential and IC&IC) of Rs 32.99 billion. Gross development value (GDV) additions in FY25 were Rs 1.81 trillion compared to Rs 440 billion in FY24 (~4x growth). Residential pre-sales of Rs 28.04 billion in FY25, reflecting 20.4% growth o..

Next Story
Infrastructure Transport

UCSL Delivers India's First Green Cargo Vessel to Norway

In a landmark achievement for Indian shipbuilding and the Atma Nirbhar Bharat initiative, Udupi Cochin Shipyard Limited (UCSL), a subsidiary of Cochin Shipyard Limited (CSL), has delivered the first of six next-generation green cargo vessels to Norway-based Wilson Ship Management AS, Europe’s largest short-sea shipping operator. The 3,800 DWT vessel, named Wilson Eco 1, was handed over during a ceremony at New Mangalore Port. The delivery is part of a Rs 5.06 billion project supported by Norway’s green maritime funding programme, marking India's entry into the European eco-friendly ca..

Advertisement

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Talk to us?