Challenge Against RBI Circular On Stressed Assets By Power Companies: SC Transfers All Pending Matters Before HCs To Itself, Orders Status quo [Read Order]
The Supreme Court Bench comprising Justice RF Nariman and Justice Indu Malhotra on Tuesday directed that twelve cases pertaining to the Insolvency Proceedings under the new RBI circular pending before High Courts of Madras, Gujarat, Allahabad, and Delhi be transferred to the Apex Court. 12492 of2018 pending before the High Court of Gujarat at Ahmedabad, Civil Misc. Earlier, the Allahabad High Court had refused interim relief to private power projects from the circular, directing the Central Government to consider initiation of the consultative process contemplated under Section 7 of RBI Act, and conclude the same within 15 days. The Court had, however, clarified that the order shall not curtail the rights/powers of a financial creditor under Section 7 of the Insolvency and Bankruptcy Code or even of the RBI in issuing directions in specific case under Section 35AA of Banking Regulation Act to initiate corporate insolvency resolution process under Chapter II of Part II of IBC.




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