Subsequently, when the matter was taken up on December 11, the ED filed an affidavit before the top court, stating that in view of the peculiar facts and circumstances of the case and without prejudice to the rights and contentions of the ED with regard to the investigation of the case registered against the promoters of Bhushan Power, JSW be permitted to take control of the attached properties.
The Court took into account the said submission and proceeded to direct the following:
“The Appellant-ED is directed to handover and the Respondent successful Resolution Applicant JSW is directed to take over the control of the properties of Corporate Debtor-Bhushan Power and Steel Ltd., provisionally attached vide the order dated 10.10.2019…
