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Bhushan Power case: Supreme Court to hear JSW Steel’s review plea on 29 July

by AutoTrendly


The Supreme Court will hear JSW Steel Ltd’s review petition on 29 July, challenging its 2 May judgment that quashed the company’s 19,350 crore acquisition of Bhushan Power & Steel Ltd (BPSL) and ordered the firm’s liquidation.

A special bench led by Chief Justice B.R. Gavai and Justice Satish Chandra Sharma will take up the matter.

Also Read | JSW Steel: Compensation from creditors enough to cover for Bhushan Power assets

Justice Sharma, along with Justice Bela M. Trivedi, was part of the two-judge bench that delivered the May verdict.

However, following Justice Trivedi’s retirement in June, a reconstituted bench will now hear the review plea.

The review will be heard in chambers. Review petitions are typically heard behind closed doors by the same bench and without oral arguments, per Order XLVII of the Supreme Court Rules.

However, in matters of significant public importance, the court may allow an open court hearing.

Earlier, solicitor general Tushar Mehta, appearing for the committee of creditors (CoC), had urged the court to permit an open hearing, citing broader implications.

The review petition represents JSW Steel’s last legal opportunity to retain control of BPSL, a company it took over through the corporate insolvency resolution process in 2021.

Also Read | Supreme Court verdict on Bhushan Poweputs ED back in play

Lenders such as State Bank of India and Punjab National Bank have also filed separate review petitions, supporting JSW’s stance.

JSW Steel has argued that since taking over BPSL in March 2021, it has turned around the company’s operations.

The company claims that production capacity has nearly doubled—from 2.3 million tonnes per annum (MTPA) in 2017 to 4.5 MTPA in 2025. Sales have nearly tripled, from 8,701 crore in 2016-17 to 25,973 crore in 2024-25, and exports have averaged 2,976 crore annually over the past four years.

Both JSW and the lenders have warned that liquidation would be detrimental to BPSL, which has been running as a profitable and viable enterprise since the resolution plan was implemented.

JSW made an upfront payment of 19,350 crore under the approved resolution plan, which was completed in March 2021.

The Supreme Court earlier granted interim relief to JSW on 26 May by ordering a status quo on the liquidation proceedings, allowing the company to file for review of the 2 May judgment.

The May ruling came in response to pleas filed by dissenting financial creditors, including Kalyani Group’s Torsteel and former promoter Sanjay Singal.

Also Read | Mint Explainer: Why the Bhushan Power judgment stunned the insolvency ecosystem

The court had invalidated JSW Steel’s acquisition, citing non-compliance with key provisions of the Insolvency and Bankruptcy Code (IBC), particularly delays and deviations from the approved resolution timeline.

BPSL was among the original 12 large non-performing accounts flagged by the Reserve Bank of India in 2017 for resolution under the IBC.

At the time, the company owed lenders over 47,000 crore.



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