India’s steel sector is facing significant disruption following the Supreme Court’s recent decision to reverse JSW Steel’s ₹19,700 crore acquisition of Bhushan Power & Steel Ltd (BPSL). If you’re watching the Indian markets, you know this isn’t just a legal technicality—it raises broader questions about the resolution process for distressed assets, the enforcement of creditor rights, and the predictability of investment outcomes in core industrial sectors. The impact is likely to be felt across JSW Steel’s financials, the banking sector’s exposure to stressed assets, and overall investor sentiment.
JSW Steel's takeover of BPSL, finalised in 2021, was once seen as a model for resolving large non-performing assets under the Insolvency and Bankruptcy Code (IBC). The deal was expected to revitalise BPSL through fresh capital infusion and increased production capacity. However, procedural irregularities in the resolution process, particularly around how claims and objections were handled, have since come under scrutiny, ultimately prompting the Supreme Court’s intervention.
The Supreme Court's move to invalidate the acquisition did not happen overnight. It was the result of sustained legal challenges by operational creditors and closer scrutiny of the insolvency process. The Court held that both the Insolvency Resolution Professional (IRP) and the Committee of Creditors (CoC) had failed to fulfil their statutory obligations.
JSW Steel was specifically faulted for not making the required equity infusion upfront, as mandated by the IBC. Instead, funds were routed through Compulsory Convertible Debentures (CCDs) issued to its group company, Piombino Steel—a move the Court ruled as non-compliant with both the spirit and letter of the law.
Moreover, the Court took issue with the post-approval changes JSW made to its resolution plan and the significant delays in implementation—two years beyond the stipulated timeline. The CoC was also criticised for greenlighting a plan that did not adhere to IBC norms, essentially failing in its duty to protect the interests of all creditors, including operational ones.
The market’s response was swift and punishing. JSW Steel’s shares dropped nearly 5.5% following the verdict, wiping out thousands of crores in market capitalisation in a single trading session. For a company that had invested between ₹3,500 and ₹4,500 crore post-acquisition to boost BPSL’s capacity, this wasn’t just a paper loss—it was a direct hit to its growth trajectory and future earnings.
You might be wondering about the broader implications for JSW Steel. BPSL was contributing roughly 11% to JSW’s EBITDA for FY25-27, and its production capacity was a critical pillar in JSW’s plan to reach 10 million tonnes per annum by 2030-31. The annulment could slash JSW’s production capacity by 10-15% and impact its consolidated EBITDA by about 10%. Brokerages have already flagged the ruling as “materially negative”, underlining just how central BPSL was to JSW’s expansion.
The Supreme Court’s verdict has raised significant concerns for the banking sector as well. Banks that had already received over ₹19,000 crore from JSW Steel as part of the resolution plan are now under Court orders to return those funds and must prepare for the possibility of making fresh provisions for these exposures. This is not a minor accounting adjustment—it could affect quarterly results and capital adequacy ratios, especially for state-owned banks with high exposure to stressed assets.
Bankers have described the verdict as a “bolt from the blue”, with many admitting they were unprepared for such an outcome. While there’s no consensus yet on seeking further legal remedies, lenders are awaiting clarity on the government’s response and the final text of the Supreme Court’s order.
For you as an investor, the most significant implication may be the uncertainty this verdict injects into India’s insolvency resolution framework. The IBC was designed to provide time-bound, predictable outcomes for distressed assets. This case, however, has exposed the vulnerabilities in the process—missed timelines, inconsistent oversight, and the risk of post-facto judicial intervention.
The Supreme Court’s ruling sends a message that procedural compliance is non-negotiable. However, it also raises broader questions about the commercial implications of halting operations at a functional plant—particularly in an economy with growing infrastructure and manufacturing ambitions. The decision to order liquidation rather than allow a revised resolution plan has been criticised, especially given the macroeconomic context of India’s steel demand and the need for robust industrial assets.
The government now faces a complex challenge in the wake of the Supreme Court’s ruling. Officials from the Department of Financial Services have already begun consultations with banks and legal advisors to decide on a course of action. The stakes are high—not just for the immediate parties, but for India’s reputation as a destination for distressed asset investment. Concerns about rules changing after a resolution is approved could make both foreign and domestic investors more hesitant.
As of now, the government is reviewing the judgment and is expected to finalise its response soon, possibly weighing options like legislative amendments or seeking a review of the verdict. The case is still unfolding, and its outcome could set a precedent for how future insolvency cases are handled.
This verdict is more than a corporate setback; it’s a stress test for India’s insolvency ecosystem. Key implications likely include:
Increased risk premiums for distressed asset deals, as investors demand higher returns to offset regulatory and judicial uncertainty.
Slower resolution timelines for large non-performing assets, as creditors and bidders become more cautious.
Potential write-downs or provisioning by banks, impacting their profitability and lending capacity in the short term.
Heightened scrutiny of resolution professionals and creditor committees, who will now be under pressure to adhere strictly to statutory timelines and funding norms.
For JSW Steel, the loss of BPSL is a blow to its aspirations, and the company's resilience and ability to turn around will be closely observed. For banks, the attention will be on limiting the damage and restoring confidence in the IBC process. And for investors, this case emphasizes the increasing importance of diligence, regulatory awareness and adaptability in a shifting market environment.
This article is for informational purposes only and does not constitute financial advice. It is not produced by the desk of the Kotak Securities Research Team, nor is it a report published by the Kotak Securities Research Team. The information presented is compiled from several secondary sources available on the internet and may change over time. Investors should conduct their own research and consult with financial professionals before making any investment decisions. Read the full disclaimer here.
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