VidhiSangh

Supreme Court of India · 18/01/2024

STATE BANK OF INDIA AND ORS versus E CONSORTIUM OF MR MURARI LAL JALAN AND MR FLORIAN FRITSCH AND ANR

[2024] 1 S.C.R. 1045 · 2024 INSC 51

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Summary

Pending the NCLAT’s decision on implementation of Jet Airways’ approved resolution plan, the Court held that the resolution applicant could not substitute adjustment of its performance bank guarantee for the promised final cash tranche. It ordered payment of ₹150 crore by 31 January 2024, continued the guarantee pending appeal, and left plan compliance to the NCLAT.

Issues

  1. Whether the resolution applicant could adjust its performance bank guarantee against the final ₹150 crore tranche under the lenders’ conditional offer while the implementation dispute remained pending before the NCLAT.
  2. What interim directions were required pending the NCLAT’s decision on compliance with the resolution plan and the lenders’ conditions.

Held

Result

The appeals were disposed of; the NCLAT’s order was modified to substitute the Court’s payment and guarantee directions for permission to adjust the last tranche against the performance bank guarantee. The NCLAT was requested to endeavour to dispose of the appeal by the end of March 2024.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 1045.