# In the matter of Committee Of Creditors Of Ksk Mahanadi Power Company Limited Vs M/s Uttar Pradesh Power Corporation Limited

> SC judgment dated 2024-10-14. Citation: TCN-2024-SC-00027. The Committee of Creditors (CoC) of KSK Mahanadi Power Company Limited, a company undergoing…

- **Court:** SC
- **Order date:** 14 Oct 2024
- **Citation:** TCN-2024-SC-00027
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/committee-of-creditors-of-ksk-mahanadi-power-company-limited-vs-ms-uttar-pradesh-616d911f

## Summary

### Background

The Committee of Creditors (CoC) of KSK Mahanadi Power Company Limited, a company undergoing Corporate Insolvency Resolution Process (CIRP), filed an appeal against an order of the High Court of Telangana. The High Court had deferred the CIRP based on a petition filed by Uttar Pradesh Power Corporation Limited seeking consolidation of the appellant's CIRP with those of KSK Water Infrastructure Private Limited and Raigarh Champa Rail Infrastructure Private Limited. The High Court declined to grant the consolidation but relegated the first respondent to file an application before the NCLT, directing the NCLT to examine the application and pass appropriate orders, while deferring the Resolution Process until such time.

## Facts

The Committee of Creditors (CoC) of KSK Mahanadi Power Company Limited, a company undergoing Corporate Insolvency Resolution Process (CIRP), appealed a decision by the High Court of Telangana. Uttar Pradesh Power Corporation Limited, the first respondent, had petitioned the High Court under Article 226 of the Constitution, seeking consolidation of the CIRP of KSK Mahanadi Power Company Limited with those of KSK Water Infrastructure Private Limited and Raigarh Champa Rail Infrastructure Private Limited. The High Court declined the consolidation request but directed the first respondent to file an application before the National Company Law Tribunal (NCLT) and instructed the NCLT to examine the application and pass appropriate orders. Simultaneously, the High Court

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## Issues and analysis

### Issue 1: Whether the High Court was justified in deferring the Corporate Insolvency Resolution Process …

**Ratio:** The High Court's jurisdiction under Article 226 of the Constitution should not be

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**Reasoning:** The Supreme Court found merit in the grievance that the High Court had no justification

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**Interpretation:** Article 226 of the Constitution grants High Courts the power to issue writs for

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**Application:** In this case, the High Court's decision to defer the CIRP, after refusing to

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## Parties

- **Judges:** Dr Dhananjaya Y…; J.B. PARD…; +1 more
- **Appellants:** Committee of…
- **Respondents:** KSK Mahanadi…; M/s Uttar Pradesh…

## Timeline

- **2024-09-10 — High Court…**: The High Court of Telangana passed an order in WP No.25060/2024, declining to grant the…
- **2021-02-12 — NCLT Ord…**: NCLT rejected an application for…

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