insc-2026-153 — State Bank Of India vs Union Of India

Practice Areas

As per Revenue Sharing Regime and the provisions of Indian Telegraph Act, 1885 Before we proceed to analyse the applicability of the Code, 2016 Capturing the core principles of the Code, 2016 Communications Act, 1934 Companies Act, 2013 Constitution of India Constitution of India and the relevant provisions of the statute (Indian Telegraph Act, 1885 Indian Contract Act, 1872 Indian Telegraph Act, 1885 Insolvency and Bankruptcy Code, 2016 Parliament also enacted the Telecom Regulatory Authority of India Act, 1997 Sale of Goods Act, 1930 TRAI Act Telecom Regulatory Authority of India Act, 1997 Telecommunication Act Telegraph Act Telegraph Act, 1885 Transfer of Property Act, 1882 Wireless Telegraphy Act, 1933 Wireless Telegraphy Act, 1993

Judges (2)

Atul S. Chandurkar Coram Pamidighantam Sri Narasimha Delivered

Parties (2)

State Bank of India Appellant Union of India Respondent

Summary

A landmark case on whether telecom spectrum can be subjected to IBC proceedings. The Supreme Court held spectrum is a natural resource that cannot be treated as an IBC asset, dismissing appeals by banks and IRPs while partly allowing the Union's appeal.

What was the outcome of State Bank Of India vs Union Of India?

A landmark case on whether telecom spectrum can be subjected to IBC proceedings. The Supreme Court held spectrum is a natural resource that cannot be treated as an IBC asset, dismissing appeals by ban...

Statutes Cited

As per Revenue Sharing Regime and the provisions of Indian Telegraph Act, 1885

Before we proceed to analyse the applicability of the Code, 2016

Capturing the core principles of the Code, 2016

Communications Act, 1934

s 301

Companies Act, 2013

s 129

Constitution of India

Art 14 Art 39 Art 39(b)

Constitution of India and the relevant provisions of the statute (Indian Telegraph Act, 1885

Indian Contract Act, 1872

s 23

Indian Telegraph Act, 1885

s 4

Insolvency and Bankruptcy Code, 2016

Parliament also enacted the Telecom Regulatory Authority of India Act, 1997

Sale of Goods Act, 1930

Telecom Regulatory Authority of India Act, 1997

s 3

Telecommunication Act

s 301

Telegraph Act

s 4

Telegraph Act, 1885

s 4

TRAI Act

s 11 s 11(1)(a) s 2(e)

Transfer of Property Act, 1882

Wireless Telegraphy Act, 1933

Wireless Telegraphy Act, 1993

Cases Cited (23)

IN (23)

(1972) 2 SCC 36 (1975) 1 SCC 737 (1975) 2 SCC 633 (1977) 1 SCC 750 (1979) 3 SCC 347 (1981) 1 SCC 315 (1997) 1 SCC 388 (1999) 7 SCC 76 (2004) 11 SCC 26 (2008) 8 SCC 148 (2011) 10 SCC 543 (2012) 10 SCC 1 (2012) 3 SCC 1 (2014) 8 SCC 319 (2015) 12 SCC 1 (2018) 1 SCC 407 (2019) 4 SCC 17 (2020) 13 SCC 308 (2020) 3 SCC 525 (2020) 9 SCC 748 (2021) 15 SCC 730 (2022) 6 SCC 496 2026 INSC 153

Cited By (2)

insc-2026-187

S. Rajendran vs The Deputy Commissioner Of Income Tax ...

insc-2026-153

State Bank Of India vs Union Of India