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IBC Gaps Exposed After Supreme Court Rejects JSW-Bhushan Deal

5 May 20251 min read
ECONOMYIBC Gaps ExposedAfter SupremeCourt RejectsJSW-Bhushan Deal5 May 2025safalsetu.com

Why in the news

The Supreme Court struck down JSW Steel’s takeover of Bhushan Power and Steel, reviving debate on weaknesses in the Insolvency and Bankruptcy Code (IBC).

Concerns

  • Delays clash with the IBC’s goal of time-bound recovery.
  • Limited capacity in institutions; poor creditor-debtor information flow.
  • Debtors use strategic litigation to stall.
  • Creditor-dominant control encourages debtors to obstruct.

Way forward

  • Balance outcomes for both sides; let debtors retain operational control post-resolution to lower resistance.
  • Raise the deterrence value of insolvency, using the threat of losing control to hasten deals.
  • Encourage pre-insolvency arbitration and out-of-court talks.
  • Prevent moral hazard and fix system design rather than individual cases.

Exam angle

  • Case: JSW Steel – Bhushan Power and Steel.

Test yourself

1. The Supreme Court declared whose acquisition of Bhushan Power and Steel illegal, highlighting IBC gaps?

The Court held JSW Steel's acquisition of Bhushan Power and Steel illegal.

2. Which original aim of the IBC is contradicted by delays in resolution, according to the JSW-Bhushan analysis?

Delays go against the IBC's objective of time-bound recovery.

3. Which reform is suggested to speed up IBC outcomes in the JSW-Bhushan discussion?

Pre-insolvency arbitration and out-of-court negotiation are among the suggested reforms.