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Supreme Court Upholds JSW Steel’s ₹19,700 Crore BPSL Plan After Reversing May Liquidation Order

The ruling reinforces the IBC by refusing late claims, preserving the finality of CoC‑approved terms.

Overview

  • A three‑judge bench led by Chief Justice B. R. Gavai restored JSW Steel’s implemented plan, upholding prior NCLT and NCLAT approvals.
  • The court dismissed objections by ex‑promoters and certain creditors, cautioning against reopening issues not contained in the RfRP or the approved plan.
  • Lenders’ demands exceeding ₹6,000 crore for EBITDA during CIRP and delay interest were rejected, with the court saying such profits are not payable unless expressly provided.
  • Judges noted delays were driven by ED asset attachments and recognized that JSW turned BPSL from loss‑making to profit‑making, which should not attract penalties.
  • Creditors retain about ₹19,350 crore already distributed, a result that reaffirms CoC primacy under the IBC and favors resolution over liquidation.