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SC exercises its extraordinary powers, orders liquidation of Jet Airways’ assets

Set aside NCLAT decision upholding the resolution plan of Jet Airways and approves transfer of its ownership to Jalan Kalrock Consortium

New Delhi: The Supreme Court on Thursday exercised its extraordinary constitutional powers and ordered the liquidation of grounded air carrier Jet Airways‘ assets.

A Bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra set aside the National Company Law Appellate Tribunal (NCLAT) decision upholding the resolution plan of Jet Airways and approved the transfer of its ownership to Jalan Kalrock Consortium (JKC).

Pronouncing the judgement for the Bench, Justice Pardiwala allowed the plea of SBI and other creditors against the NCLAT decision that upheld the resolution plan of Jet Airways in favour of JKC.

It said the liquidation of the air carrier was in the interest of creditors, workers and other stakeholders. The Bench rapped NCLAT for its decision. The top court used its powers under Article 142 of the Constitution which gives it the power to make orders and decrees to ensure complete justice in any matter or cause pending before it.

The NCLAT on March 12 upheld the resolution plan of the grounded air carrier and approved the transfer of its ownership to JKC. The SBI, Punjab National Bank (PNB) and JC Flowers Asset Reconstruction Private Limited have challenged the NCLAT verdict.

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