VidhiSangh

Supreme Court of India · 02/04/2019

DHARANI SUGARS AND CHEMICALS LTD. versus UNION OF INDIA & ORS.

[2019] 6 S.C.R. 307 · 2019 INSC 457

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Summary

The Supreme Court upheld Sections 35AA and 35AB of the Banking Regulation Act but declared RBI’s 12 February 2018 stressed-assets circular ultra vires. Directions requiring insolvency initiation had to satisfy Section 35AA: Central Government authorisation and specific defaults by specific debtors. A general direction covering a class of debtors could not bypass those limits through broader regulatory powers. Insolvency proceedings initiated solely because of the invalid circular were declared non-est.

Issues

  1. Whether Sections 35AA and 35AB were constitutionally valid.
  2. Whether general regulatory powers authorised the circular’s mandatory insolvency directions.
  3. Whether the circular survived for non-banking institutions or proceedings based solely upon it.

Provisions considered

Held

Result

Transferred cases and petitions disposed of. Sections 35AA/35AB upheld; RBI circular of 12 February 2018 declared ultra vires and ineffective. Actions under it fell, including Section 7 insolvency proceedings initiated solely because of its operation.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 307.