SC to Hear Supertech Plea Seeking Limited Project Oversight

New Delhi, April 14: On April 10, the court proposed appointing an independent, court-monitored committee to ensure timely completion of all projects that were partially or substantially constructed before Supertech entered insolvency proceedings before the NCLT.
Background
The move followed the suspension of Supertech's interim resolution professional (IRP), Hitesh Goel, by the Insolvency and Bankruptcy Board of India (IBBI) last month for two years over alleged lapses under the IBC.
Supertech's Plea
Senior advocate Shyam Divan argued that court intervention should be limited to 16 projects already handed over to NBCC , not 30. The remaining 14 projects are pending before the NCLAT.
Court's Stance
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said: "We only seek to bring parity among all homebuyers so that they do not feel left out. Suppose the IRP was there, this issue would not arise. But currently, the committees set up for the various projects are headless."
The court defended its amicus curiae, stating: "This was our idea. The amicus has no interest in the matter. We wanted to ensure no sense of insecurity is created among homebuyers."
Committee Structure
The apex committee (formed by NCLAT in December 2024) comprised:
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The IRP (head)
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Two nominees of major financial creditors
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One nominee of NBCC
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One real estate expert
Each project also had a five-member committee headed by the IRP.
IBBI Order
The IBBI's March 30 order suspending Goel (effective April 29) found him guilty of multiple lapses, including:
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Failure to disclose material information
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Delay in convening the Committee of Creditors
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Delays in filing avoidance applications
Project Scope
The 16 projects under NBCC span Uttar Pradesh, Uttarakhand, and Bengaluru, covering over 50,000 flats across Noida, Greater Noida, and other locations.
Next Steps
The court directed the amicus and stakeholders to respond to Supertech's plea and submit suggestions on the composition of the committee. "Once we constitute a committee, we will pass orders in open court," it said.