BREAKING | ‘Art 142 Used To Do Injustice’: Supreme Court Recalls Judgment Which Rejected JSW’s Resolution Plan For Bhushan Power & Steel
Hon’ble Apex Court held as under:
* Prima facie, we are of the view that the impugned judgment does not correctly lay down the legal position.
* It is contrary to the law as settled by a catena of judgments, including but not limited to Kalpraj Dharamshi, Ghanashyam Mishra, Swiss Ribbons, K. Sashidhar, and B.K. Educational Services.
* Various factual aspects appear to have been considered without proper foundation, and certain arguments—though disputed by the respondents—have been taken into account despite not having been advanced during the course of submissions.
* In view of the foregoing, this appears to be a fit case for review.
Accordingly, while we allow the present Review Petition, we clarify that all issues and contentions are left open for the parties to be re-agitated. The matter shall be considered afresh in accordance with law.
https://www.livelaw.in/top-stories/supreme-court-recalls-judgment-which-rejected-jsws-resolution-plan-for-bhushan-power-steel-299459