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Supertech stares at insolvency amid heat of twin-tower demolition

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A couple of years ago, real estate firm Supertech Ltd was gaining steam with several thousand apartments in Delhi-NCR.

It advertised extensively and the firm was among the top in the real estate sector. Then in 2020 came the Covid pandemic, which turned everything upside down and created an unprecedented crisis for the real estate industry.

As things begin to normalise, it seems normalcy has reached beyond the reach of Supertech with the company receiving a twofold blow.

First, in August last year, the Supreme Court ordered demolition of its two 40-storey towers in Noida, and in March this year, the National Company Law Tribunal (NCLT) declared Supertech as insolvent while admitting a plea filed by the Union Bank of India (UBI) over non-payment of its dues.

In August 2021, the apex court ordered demolition of the twin towers in Sector 93, Noida, within three months, and also directed that the entire amount of homebuyers should be refunded with 12 per cent interest from the time of booking.

Supertech fought a long and draining legal battle to protect its twin towers — having over 900 flats and 21 shops — against demolition, which had been ordered for violation of building bylaws.

It filed a plea in the apex court seeking to save one tower and partially demolish 224 units in the other to conform with building bylaws. However, in October last year, the top court junked the plea by Supertech seeking extension of time for payment of compensation to homebuyers and demolition of twin towers.

Finally, the fate of its twin towers was sealed on February 7, when the apex court directed the authorities to commence the process for demolition of towers within two weeks.

The Noida authority informed the apex court that the demolition will be completed by May 22, and the debris will be removed by August 22.

The past few of months have been dramatic for the real estate company. In January, the Supreme Court pulled up the realty major for not complying with its orders to demolish the twin towers. The top court warned “its directors will be sent to jail for playing truant with the court”, and also took serious note of the deductions in refund made to the homebuyers.

Another jolt hit Supertech when the NCLT in March approved UBI’s application to begin corporate insolvency resolution process (CIRP) against the realty major for non-payment of around Rs 432 crore worth dues.

Supertech is supposed to deliver nearly 25,000 units to homebuyers in 50 projects, which are spread across Noida, Greater Noida, Yamuna Expressway, Ghaziabad and Gurugram, among other cities.

The NCLT appointed Hitesh Goyal as the Interim Resolution Professional (IRP), superseding the board of Supertech. One of the promoters of Supertech moved the NCLAT, challenging the NCLT order.

Earlier this week, the National Company Law Appellate Tribunal (NCLAT) gave the real estate firm one more opportunity to settle its dispute with the Union Bank of India. The bank took the real estate firm to the insolvency court after it failed to pay its debt since July 2019.

The NCLAT extended its stay over formation of a committee of creditors (COC) to overtake Supertech till May 2, after a counsel for a director of the suspended board of Supertech sought one more chance to present a better proposal before the lender bank.

The Union Bank of India counsel had contended that it has received an offer, but it has been rejected on various grounds. The bank’s counsel said it did not mention paying any upfront amount and the tenure of repayment was 24 months, and insisted that Supertech should come up with a definite upfront payment plan for the dues.

On April 4, the Supreme Court said it will protect the interest of Supertech’s twin-tower homebuyers in the backdrop of the appointment of an IRP in the insolvency proceedings against the real estate firm.

According to a note filed by advocate Gaurav Agarwal, amicus curiae in the matter, NCLT passed an order on March 25, 2022, by which corporate insolvency resolution process (CIRP) has been initiated against Supertech and moratorium under Section 14 of IB Code, 2016, has been declared.

Agarwal urged the top court to consider whether payments to be made to the remaining homebuyers of the twin towers should form part of the resolution process or whether the payments should be made by the company from the funds available (or which may become available in future), i.e., the said payments be kept out of the CIRP process?

Also, in case the payments are part of the CIRP process, will the amounts due to the homebuyers be included as a separate category in the proposed resolution plans so that homebuyers get the refund with interest from the successful resolution applicant?

The top court said it will protect the interest of homebuyers in the Supertech’s twin towers in Noida. It said that homebuyers should file their claims with the IRP and seek response from the IRP on the disbursal of their claims.

A note submitted in the top court by Agarwal said: “As per the information given by Supertech Ltd, out of 711 customers/units, the claims of 652 customers/units are settled/paid. Fifty-nine homebuyers still have to be refunded the amounts. The principal outstanding would be Rs 14.96 crore.”

The apex court is likely to next hear the matter in the first week of May.

Business

ED Seizes ₹42 Lakh, Luxury Cars In Mumbai Drug Money Laundering Probe

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Mumbai: The Enforcement Directorate (ED) seized Rs 42 lakh in cash, three luxury cars, property papers, and several digital devices during a search operation on Wednesday targeting a drug trafficking and money laundering network. The agency also froze multiple bank accounts and a locker linked to alleged drug trafficker Faisal Javed Shaikh and his wife, Alfiya Faisal Shaikh.

Officials said the searches were conducted at nine locations across Mumbai under the provisions of the Prevention of Money Laundering Act (PMLA), 2002. The operation aimed to trace the drug sale proceeds generated by a well-established narcotics network allegedly operated by the couple.

The ED initiated its money laundering probe based on a case registered by the Narcotics Control Bureau (NCB), Mumbai Zonal Unit, against multiple accused, including Faisal Shaikh, Alfiya Shaikh, and several others, including Ashik Varis Ali, Nasir Khan, Irfan Yusuf Faruqi, Azim Abu Salim Khan alias Azim Bhau, Faizan Mohd. Shafi Shaikh, and Mohd. Shahid Faridudin Chaudhary alias Baboos.

Investigators said Faisal Shaikh was procuring MD (Mephedrone) drugs from Salim Dola, a notorious drug kingpin who has been wanted by law enforcement agencies for his alleged role in large-scale narcotics trafficking. The NCB has announced a reward for information leading to Dola’s arrest.

After securing bail in the NCB case, Shaikh, described by officials as a habitual offender, was placed under preventive detention under the PIT-NDPS Act.

The ED’s probe revealed that Faisal and Alfiya Shaikh allegedly ran a structured network for the sale of MD drugs sourced from Dola. During Wednesday’s searches, the agency also covered premises connected to several individuals associated with shell companies with paper transactions exceeding Rs 100 crore, as well as firms involved in foreign outward remittances and financial dealings with the accused. Officials said these entities are being examined for their possible role in layering drug proceeds and routing the funds abroad through channels such as hawala, shell companies, and trade-based mis-invoicing.

Officials said the ED searches were critical to tracing both the “forward linkage” (movement of drug sale proceeds) and “backward linkage” (sources, beneficiaries, and conduits of funds), including whether the proceeds were channelled abroad via hawala, shell companies, or trade mis-invoicing. The seized and frozen assets including cash, bank accounts, lockers, vehicles, property documents, and digital devices are being examined under the lens of money laundering.

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Business

Stock markets end week on positive note; Banking, IT, and pharma stocks lead gains

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Mumbai, Oct 11: Indian equities ended the week on a positive note amid buying in banking, IT, and pharma stocks (in the last two sessions).

Investors’ sentiment remained firm toward banking stocks during the period, buoyed by the RBI monetary committee decision to keep the repo rate unchanged at 5.5 per cent, and it improved further after the government invited private sector professionals to lead the State Bank of India.

Meanwhile, pharma stocks picked up momentum at the end of the week after the US administration said that they do not plan to impose tariffs on generic drugs and signalled cutting biotech ties with flagged foreign firms, especially from China.

“Pharma stocks rallied as the US revived the Biosecure Act, aiming to cut biotech ties with flagged foreign firms, especially from China, providing a strong boost to Indian CDMOs. With the earnings season underway, investors are closely watching quarterly results for cues on market direction,” said Vinod Nair, Head of Research, Geojit Investments Limited.

On Friday, Indian equity benchmark indices ended higher for the second straight session, supported by strong buying in pharma and banking stocks.

Because of the weakness in IT stocks, the Sensex opened at 82,07,5 down about 100 points. But it quickly bounced back, rising 579 points to an intra-day high of 82,654.

At 82,501, the index ultimately closed 329 points higher, or 0.4 per cent higher. Likewise, the Nifty reached a peak of 25,331 during the day and ended the day 104 points, or 0.4 per cent, higher at 25,285.

“Investor sentiment improved after the government invited private sector professionals to lead the State Bank of India. This marks a broader policy shift towards allowing private participation in public sector enterprises, aimed at enhancing efficiency and governance,” Nair added.

The Nifty index displayed strong bullish momentum over the past week, advancing 391 points or 1.57 per cent, while Sensex rallied over 1,000 points or 1.35 per cent.

“On the weekly chart, the index has formed a cup and handle pattern, and a decisive break out of this formation, supported by increasing volumes, would signal the potential for further sustained upside,” said Hardik Matalia of Choice Equity Broking.

The Bank Nifty (up 1.84 per cent), Nifty IT (up 4.8 per cent) and Nifty Pharma (up 2.12 per cent) fueled the market momentum this week.

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Business

Sensex, Nifty edge higher as geopolitical tensions ease

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New Delhi, Oct 10: Indian stock markets opened on a flat note but soon moved higher on Friday, supported by positive global sentiment.

The easing of geopolitical tensions in the Middle East and signs of a possible trade deal between the US and India boosted investor confidence.

After the opening bell, the Sensex gained 148 points, or 0.18 per cent, to trade at 82,320 levels. The Nifty also rose 40 points, or 0.16 per cent, to 25,221 levels.

“Though yesterday’s push higher in the second half failed to clear the week’s high, it did serve to invalidate the bearish bias of the evening star candle stick pattern,” market experts said.

“This encourages us to look for 25460, in the days ahead. For the day, inability to push and float above 25215 or direct fall past 25113, could render the trend sideways, but may not call for a break of 24982 right away,” they added.

In the broader market, the Nifty Midcap 100 index inched up 0.18 per cent, while the Nifty Smallcap 100 advanced 0.28 per cent — indicating healthy participation from mid- and small-cap stocks.

Among the sectoral indices, Nifty Metal was the worst performer, slipping 1.4 per cent. It was followed by weakness in Auto, Pharma, and Healthcare stocks.

On the other hand, sectors such as Banking, Energy, FMCG, IT, Consumer Durables, Oil & Gas, and Realty were trading with gains.

In the Sensex pack, Power Grid, State Bank of India, NTPC, Adani Ports, and Asian Paints were among the top gainers.

Meanwhile, Tata Steel, TCS, Bajaj Finance, M&M, and HCL Tech were trading in the red.

“The overall market environment is turning positive. Globally, the GAZA peace accord signals end to the conflict and reduction of geopolitical risk from the region,” analysts said.

“Domestically, there are indications of a trade deal between US and India with India ‘rebalancing’ its oil purchases,” they added.

According to market analysts, these positive developments and the shift in FII strategy ( FIIs were buyers in the cash market in the last three trading days) bode well for the market.

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