VidhiSangh

Supreme Court of India · 06/11/2019

JAIPRAKASH ASSOCIATES LTD. & ANR. versus IDBI BANK LTD. & ANR.

[2019] 14 S.C.R. 312

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Summary

Appeals challenged extension of Jaypee Infratech’s insolvency process and reconsideration of resolution plans after the statutory period. To avoid liquidation and protect stakeholders, particularly home buyers, the Court used Article 142 to allow a final ninety-day process confined to revised plans from the two existing final bidders. It expressly left the legal questions about the tribunals’ powers unanswered.

Issues

  1. Whether the pending insolvency process should receive exceptional relief to avoid liquidation.
  2. Whether the order determined NCLT/NCLAT powers to depart from statutory timelines or permitted fresh bidders.

Held

Result

Both appeals and connected applications disposed of without costs. The IRP was directed to complete the JIL CIRP within ninety days, considering revised plans only from the two specified final bidders. Questions of law about NCLT/NCLAT powers were left open.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 312.