# In the matter of Committee of Creditors of KSK Mahanadi Power Company Limited vs. Uttar Pradesh Power Corporation Limited and Others

> SC judgment dated 2024-10-14. Citation: TCN-2024-SC-00026. 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-00026
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/committee-of-creditors-of-ksk-mahanadi-power-company-limited-vs-uttar-pradesh-po-94afabf4

## 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 of KSK Mahanadi Power Company Limited while considering a petition filed by Uttar Pradesh Power Corporation Limited seeking consolidation of the CIRP of KSK Mahanadi Power Company Limited with two other companies: KSK Water Infrastructure Private Limited and Raigarh Champa Rail Infrastructure Private Limited. The National Company Law Tribunal (NCLT) had previously rejected the consolidation application, and an appeal against that rejection was pending before the National Company Law Appellate Tribunal (NCLAT).

## Facts

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. Uttar Pradesh Power Corporation Limited, the first respondent, had filed a petition before the High Court seeking consolidation of the CIRP of KSK Mahanadi Power Company Limited with two other companies: KSK Water Infrastructure Private Limited and Raigarh Champa Rail Infrastructure Private Limited. The NCLT had previously rejected the consolidation application. The High Court declined to grant the consolidation but directed the NCLT to examine the application filed by Uttar Pradesh Power Corporation Limited and deferred the CIRP of KSK Mahanadi Power Company Limited

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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 power under Article 226 of the Constitution should not be exercised in a

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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 direction to defer the CIRP of KSK Mahanadi

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## Parties

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

## Timeline

- **2024-09-10 — High Court…**: The High Court of Telangana passed an order deferring the CIRP of KSK Mahanadi Power…
- **2021-02-12 — NCLT Ord…**: NCLT rejected the application seeking consolidation of CIRP of Corporate Debtors with two…

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