“Bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life.”
- Supreme Court, while ruling that digital access is a fundamental right

Dramatic, shocking end to the Bhushan Power and Steel’s saga, but is this the end?
On Friday, the Supreme Court ordered liquidation of Bhushan Power and Steel, nearly five years after the company’s revival bid by JSW Steel received stamps of approvals from the company law tribunals. The resolution plans should not have been approved in the first instance, a two-judge bench held while terming the plan illegal and rapping the administrator and the lenders panel involved. 

This order from the top court is as confusing as it is shocking and opens many questions to be answered. What happens to the money already infused by JSW Steel for the revival of BPSL? 

But, given that the BPSL facilities had been operational and JSW Steel listed the company as its subsidiary following the acquisition in March 2021, it will be a long winding, or unwinding, process to undo the acquisition if liquidation is ultimately carried out. 

With the Supreme Court being the final court of appeal, the options available to JSW are few. The company can seek a review of the judgment and typically very few reviews succeed. It’s now a wait-and-watch game to see if this unprecedented judgment, setting aside resolution plan worth ₹197 billion stands or JSW is somehow able to salvage the situation.

The Week That Was: 
Key Rulings 

• In a major setback for JSW Steel, the Supreme Court set aside its resolution plan to acquire Bhushan Power and Steel terming the plan illegal and one that should not have been approved in the first place. The court noted that the plan was in contravention of the mandatory requirements under the Insolvency and Bankruptcy Code and it was a “dishonest and fraudulent attempt” by JSW. The court also reprimanded the resolution professional and the lenders panel in the case.
• The top court has held that non-signatories to an arbitration agreement can be roped in as parties by the arbitration tribunal if the role of such parties demonstrates an intention to be bound by the arbitration. The Supreme Court upheld a ruling by the Delhi High Court that had affirmed impleading of ASF Buildtech Pvt Ltd as a party to an arbitration initiated by the Shapoorji Pallonji and Company Pvt Ltd.
• Holding that right to digital access is a fundamental right, the Supreme Court issues directions for easing the KYC processes for acid attack survivors and visually disabled persons.
• The Nagpur bench of Bombay High Court has held that employees’ PF dues do not get extinguished through the corporate insolvency resolution process under the Insolvency and Bankruptcy Code.
• Delhi High Court dismissed BSNL’s appeal against an arbitral award worth ₹435.2 million warded in favour of Vihaan Networks Ltd for work carried out in India’s North Eastern states of Arunachal Pradesh and Assam.

Courts

• A Delhi Court issues notice to All India Congress leaders Rahul and Sonia Gandhi in the National Herald Money Laundering Case.
• Delhi High Court asks Patanjali’s Baba Ramdev to submit an affidavit undertaking not to many any statements, social media posts or ads targeting competitor companies like Hamdard with racial slurs such as the “Sharbat Jihad” jibe he made relating to popular drink Rooh-Afza.
• Delhi High Court has asked the NLU Consortium to ensure that no CLAT aspirant is excluded on account of language barrier.
• The Supreme Court refused to entertain a PIL case that asked for a judicial probe in the Pahalgam terror attack.
• The top court has directed for a CBI probe to look into the alleged nexus between builders and financial institutions that offer loans under schemes in Delhi’s satellite cities.
• Supreme Court stayed a Delhi High Court order that asked the NLU Consortium to release revised results for CLAT 2025 for UG courses to factor in question errors
• Children’s magazine Champak’s publisher Delhi Press Patra Prakashan sues BCCI over the use of name Champak for a robot dog in its franchise tournament IPL.
• Karnataka High Court directs the central government to block Proton Mail in India.
• Delhi High Court appointed a receiver to take custody of 95 EVs leased to BluSmart Cabs.

Quasi Courts

• The NCLAT dismissed an appeal against the bankruptcy court’s order that refused to initiate insolvency proceedings against real estate major DLF.
• The NCLT bench in Mumbai has issued notice to L&T in an insolvency petition filed by Mega Pipes over dues of ₹70 million.
• An insolvency petition against United Breweries filed in NCLT Bangalore over alleged payment default of ₹26.4 million.

Others

• Cyril Shroff of Cyril Amarchand Mangaldas and OP Jindal University announce setting up of Cyril Shroff Centre for AI, Law and regulation at the Jindal Global Law School.
• DNLU, Jabalpur and India Juris law firm sign an MoU to promote mooting culture and lawyering skills education for students.
• Anagram Partners launches Blueprint, a legal AI platform

The Big Listings

May 5: Supreme Court to hear a batch of cases relating to the GST notices sent to online gaming apps
May 5: Supreme Court to hear a batch of petitions challenging the newly passed Waqf Amendment Act
May 5: Karnataka High Court is set to hear X’s lawsuit against the Indian government over “unrestrained censorship” of content on its platform
May 13: Supreme Court scheduled to hear petitions relating to anti-conversion laws in the week commencing May 13
May 26: Supreme Court scheduled to begin hearing case relating to Dharavi redevelopment project awarded to Adani in the week beginning May 26
* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves: 

• President signs off on appointment of Justice BR Gavai as the next Chief Justice of India. Justice Gavai will take oath as the 52nd CJI on May 14
• Government notifies transfer of two judges from Telangana, four from Karnataka and one from Andhra Pradesh High Courts
• Seven Judicial officers appointed as judges at the Gujarat High Court, two at Jammu & Kashmir and Ladakh High Court
• Niting Konchady joins Ropes & Gray as Partner in New York
• Kshitij Bishnoi and Gautam Bhargava leave Khaitan & Co. Real Estate practice to join IndusLaw
• Kunal Mejra leaves DSK Legal to join Phoenix Legal in New Delhi
• CAM announces promotion of 18 lawyers
• Harsh Hari Haran of Ashurst promoted to partnership
• Sidhartha Das, Mareesh Pravir Sahay and Lalit Baid launch a new law firm Vera Lex in New Delhi
• Vishwanath Pratap Singh leaves CAM to join Bharti Enterprises as Head of Corporate Legal