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Bhushan Steel's former resolution professional files review petition in SC
Bhushan Steel's former resolution professional files review petition in SC

Business Standard

time12 hours ago

  • Business
  • Business Standard

Bhushan Steel's former resolution professional files review petition in SC

The former resolution professional (RP) for debt-laden Bhushan Power and Steel (BPSL), Mahender Khandelwal, has filed a review petition in the Supreme Court (SC), which had earlier rejected the resolution plan of JSW Steel and ordered liquidation. Khandelwal filed the petition on Friday, arguing that the apex court had overlooked certain critical documents and procedural compliances and committed certain 'errors apparent' while recording the judgment. On the matter of verifying the eligibility of the successful resolution applicant (in this case JSW Steel) under Section 29A of the Insolvency and Bankruptcy Code (IBC), Khandelwal has claimed that a thorough and independent verification was conducted. A leading third-party consultancy firm was appointed to assess JSW Steel's eligibility, and the findings were shared with the committee of creditors (CoC) of BPSL, with no objections raised. On 2 May, the Supreme Court delivered its judgment, pointing to 'an entire spectrum of lacunas and flaws' in the resolution plan of JSW Steel regarding non-compliance with mandatory requirements under the IBC. The verdict came four years after JSW Steel had acquired BPSL under the IBC. The apex court criticised both the RP and the CoC. It held that the RP had failed to discharge his statutory duties under the IBC and the corporate insolvency resolution process (CIRP) regulations. The CoC, it said, had failed to exercise its commercial wisdom and approved a resolution plan that contravened mandatory IBC provisions. Lenders including the State Bank of India and Punjab National Bank have already filed review petitions before the Supreme Court. On 25 June, JSW Steel, too, filed a review petition. In his plea, Khandelwal contended that the joint shareholding of BPSL and JSW Steel in a joint venture entity had been disclosed in the resolution plan and formed part of the record before the Supreme Court. He also submitted that the required compliance certificate (Form H) was filed along with the application seeking approval of the resolution plan before the National Company Law Tribunal (NCLT), and was part of the court record. Khandelwal further stated that an appropriate application had been made for the extension of the CIRP period beyond 180 days, and the relief was granted by the NCLT. The National Company Law Appellate Tribunal (NCLAT), he noted, had directed the exclusion of the time spent on litigation from the computation of the 270-day CIRP period. Therefore, the resolution plan approval application filed by the RP was submitted before the expiry of the 270-day CIRP period, Khandelwal said. The Supreme Court is expected to take up the review petition once it resumes after the summer recess on 14 July. JSW Steel is also expected to cite what it claims are factual errors in the original order in its review petition.

BPSL's ex-RP files review plea in SC over cancellation of JSW Steel takeover
BPSL's ex-RP files review plea in SC over cancellation of JSW Steel takeover

Time of India

time18 hours ago

  • Business
  • Time of India

BPSL's ex-RP files review plea in SC over cancellation of JSW Steel takeover

Bhushan Power and Steel 's ( BPSL ) former resolution professional (RP) Mahender Khandelwal has filed a review petition in Supreme Court which has cancelled JSW Steel 's resolution plan for the company, according to sources in the know. The apex court had on 2 May cancelled the five year old takeover of Bhushan Power and Steel by JSW Steel . The RP has claimed that certain documents were overlooked in the judgement. He claims he had undertaken a review to ensure JSW Steel's past connection with BPSL was checked. He also claimed he had filed the Form H as required from an RP. He also claims he sought relevant extension from NCLT and NCLAT for condoning delays in the resolution process. The Supreme Court had found several flaws in the resolution process including delays in implementation of the resolution plan by JSW Steel. It had said creditors received payments with a delay of 540 days. The RP has also claimed he had filed avoidance applications to identify and rectify transactions that were undertaken under BPSL's former management that were detrimental to the company's interest. As per established procedure, the RP is supposed to identify wrongful transactions and report them to national company law tribunal. The apex court in its judgement had found deficiencies on this count as well by BPSL's RP.

BPSL's ex-RP files review plea in SC over cancellation of JSW Steel takeover
BPSL's ex-RP files review plea in SC over cancellation of JSW Steel takeover

Time of India

timea day ago

  • Business
  • Time of India

BPSL's ex-RP files review plea in SC over cancellation of JSW Steel takeover

Bhushan Power and Steel 's ( BPSL ) former resolution professional (RP) Mahender Khandelwal has filed a review petition in Supreme Court which has cancelled JSW Steel 's resolution plan for the company, according to sources in the know. The apex court had on 2 May cancelled the five year old takeover of Bhushan Power and Steel by JSW Steel. The RP has claimed that certain documents were overlooked in the judgement. He claims he had undertaken a review to ensure JSW Steel 's past connection with BPSL was checked. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Algiers: Bathroom Remodeling Trends in 2025 May Surprise You Bathroom Remodeling | Search Ads Search Now Undo He also claimed he had filed the Form H as required from an RP. He also claims he sought relevant extension from NCLT and NCLAT for condoning delays in the resolution process. The Supreme Court had found several flaws in the resolution process including delays in implementation of the resolution plan by JSW Steel. It had said creditors received payments with a delay of 540 days. Live Events The RP has also claimed he had filed avoidance applications to identify and rectify transactions that were undertaken under BPSL's former management that were detrimental to the company's interest. As per established procedure, the RP is supposed to identify wrongful transactions and report them to national company law tribunal. The apex court in its judgement had found deficiencies on this count as well by BPSL's RP.

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