JSW Steel may seek legal recourse against SC’s rejection of Bhushan Power & Steel acquisition
JSW Steel to Challenge Supreme Court’s Rejection of Bhushan Power & Steel Acquisition
Table of Contents
Legal Challenge and Options
JSW Steel, under the leadership of Sajjan Jindal, is preparing to mount a legal challenge against the Supreme Court’s recent decision that rejected their ₹19,350 crore acquisition of Bhushan Power and Steel Ltd (BPSL). The steel giant is currently exploring various legal avenues and is in discussions with lenders, who may join forces in appealing the order that has sent shockwaves through India’s steel industry.
Available Legal Options
- Filing a review petition under Article 137
- Pursuing a curative petition as a last resort
- Collaborative appeal with lenders
- Expected decision timeline: 10 days
Supreme Court Decision and Implications
The Supreme Court’s rejection on May 2 cited significant procedural and legal lapses in what has become one of India’s most high-profile corporate takeovers and insolvency proceedings. The court’s decision highlighted two major issues: JSW’s use of a mixed financing structure (equity and optionally convertible debentures) instead of pure equity, and failure to complete the resolution plan within the prescribed timeline.
Acquisition History
- Initial Stake (2021): 49% ownership
- Increased Stake (Oct 2021): 83% ownership
- Total Deal Value: ₹19,350 crore
- Current Status: Rejected by Supreme Court
BPSL Operations and Strategic Importance
The Bhushan Power & Steel facility, located in Odisha’s Jharsuguda, represents a significant portion of JSW Steel’s production capacity. The plant’s strategic importance extends beyond mere production numbers, offering JSW Steel a crucial presence in eastern India and complementing their existing operations in western and southern regions.
Current Production Capacity
- Estimated FY25 Crude Steel Production: 3.38 MT
- Hot Rolled Coil (HRC) Capacity: 1.8 MT
- Cold Rolled Coil (CRC) Capacity: 1.2 MT
- Contribution to JSW’s Production: >12% of annual output
- EBIT Contribution: ~10%
Impact on Future Expansion Plans
The Supreme Court’s decision has created significant implications for JSW Steel’s expansion strategy. The company had ambitious plans to increase BPSL’s capacity to 5 million tonnes per annum, focusing on value-added products with higher margins. This setback affects JSW’s broader goal of achieving a 50 million tonnes per annum crude steel capacity by 2030.
Alternative Growth Plans
- Proposed 5 MT Plant with POSCO in Odisha
- Planned 13 MT Greenfield Facility (₹65,000 crore investment)
- Netrabandha Iron Ore Mine (2 MT capacity, Q1FY26 start)
- Focus on Eastern India Operations
The company’s strategic response to this setback will be crucial for maintaining its position as India’s largest steel producer by volume. While the BPSL acquisition’s rejection presents immediate challenges, JSW Steel’s diverse portfolio of planned investments and existing operations positions them to potentially overcome this setback through alternative growth strategies.
Key Considerations Moving Forward
- Legal timeline and potential outcomes
- Impact on eastern India expansion strategy
- Alternative capacity expansion options
- Market position and competitive dynamics
- Investment reallocation strategies