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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

Sensex, Nifty trade flat as crude oil declines, monsoon remains in focus

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Mumbai, June 17: Domestic equity benchmarks traded flat in morning session on Wednesday after a three-day rally driven by lower crude oil prices and optimism over a US-Iran peace deal.

Sensex was trading at 76,817.58, up 8.58 points or 0.01 per cent, while Nifty was at 23,988, down 1 point in early trade.

Earlier in the day, the 30-share index opened higher, rising 284.69 points or 0.37 per cent to hit an intraday high of 77,093.17. The 50-script basket began the day at 24,044.50, up 58.89 points or 0.24 per cent.

On the sectoral front, Nifty Consumer Durables was the top performer, gaining 1.26 per cent, followed by Nifty IT and Nifty Media.

In addition, healthcare and pharma stocks remained in demand, with Nifty Pharma advancing 0.24 per cent and Nifty Healthcare rising 0.18 per cent.

In contrast, selling pressure was visible in metal and realty stocks. Nifty Metal fell 0.87 per cent, while Nifty Realty declined 0.68 per cent. Nifty Auto, Private Bank and PSU Bank indices also traded in the red.

Among the Nifty 50 constituents, Hindalco Industries, NTPC, Trent, ONGC, Bharti Airtel, Dr Reddy’s Laboratories and Axis Bank were among the top losers.

According to market experts, two factors are likely to influence market trends in the near term — one positive and the other negative.

“The positive factor is the steady and sharp decline in crude oil prices. Brent crude has fallen by around 16 per cent over the last five days to about $79 per barrel, easing concerns over a widening balance of payments deficit in India,” they said.

The negative factor is the deficient monsoon, which is raising concerns about food inflation. However, experts noted that monsoon activity could improve in the coming days, as has happened in the past, easing such concerns.

The positive trend is likely to continue as the rupee has been steadily strengthening and could appreciate further, experts added.

On the commodities front, international benchmark Brent crude declined 0.72 per cent to $78.39 per barrel, while US West Texas Intermediate (WTI) crude decreased almost 1 per cent to $75.35.

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Business

Centre refutes reports on deep-sea energy pipeline between India and the Gulf

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New Delhi, June 16: The government on Tuesday refuted media reports that it is pursuing a deep-sea energy pipeline, connecting Gujarat to Oman and other Gulf countries.

In a clarification, the Petroleum Ministry said it has noticed a series of media reports suggesting that the Government of India is actively pursuing a deep-sea energy pipeline, sometimes referred to as the Middle East-India Deepwater Pipeline (MEIDP), connecting Gujarat to Oman and other Gulf countries.

“The Ministry of Petroleum and Natural Gas wishes to categorically clarify that no such proposal is currently under consideration by this Ministry. There are no active discussions or negotiations with Oman or any other Gulf countries on this project at any level in this Ministry,” it said in a statement.

“This clarification is issued to put all speculation in this regard to rest,” added the ministry.

Meanwhile, the Malta-flagged LNG carrier DISHA, managed by a Shipping Corporation of India-led consortium, safely transited the Strait of Hormuz on Monday with a cargo of 62,370 metric tonnes of LNG bound for Dahej in Gujarat, and is likely to reach India on June 18.

The government said it remains in continuous coordination with the Ministry of External Affairs, Indian missions abroad, shipping companies, and other relevant stakeholders to ensure the safety and welfare of Indian seafarers and provide all assistance. Port operations across India remain normal, with no congestion reported.

The Directorate General of Shipping (DGS) has also advised shipping companies as well as maritime recruitment and placement agencies to restrict deployment of Indian seafarers to in the Middle East conflict areas until further orders, days after three Indian seafarers onboard MT Settebello were killed after the US military strike on the commercial vessel off the Oman coast.

DG Shipping, in a circular, said masters of vessels operating in or transiting through the Gulf region, including the Strait of Hormuz and adjoining waters, are advised to maintain heightened security awareness, closely monitor navigational warnings received and advisories issued from security agencies, and implement all applicable ship security measures and company security procedures.

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Business

Indian equity markets trade higher amid easing West Asia tensions

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Mumbai, June 16: Indian equity markets traded higher in morning trade on Tuesday after the United States and Iran reached a preliminary agreement to end conflict.

Sensex rose over 300 points or 0.41 per cent to touch an intraday high of 76,579 in early trade, while Nifty gained around 90 points or 0.36 per cent to trade at 23,941.

Sectorally, buying was seen in realty, IT, consumer durables and financial stocks, with Nifty Realty gaining 0.86 per cent and Nifty IT rising 0.74 per cent.

FMCG, media, chemicals and auto indices also traded in positive territory.

In contrast, metal stocks witnessed selling pressure, dragging Nifty Metal down more than 1 per cent.

From the Nifty pack, Hindalco Industries, JSW Steel, Axis Bank, HDFC Life, Tata Motors Passenger Vehicles (TMPV) and Tata Steel were among the top losers.

Analysts said the sharp correction in Brent crude prices to below $84 per barrel and stability in the rupee have the potential to lend resilience to the market.

“The strong macro headwind of a rising balance of payments (BoP) deficit is no longer a serious issue for the economy. This positive development has imparted stability to the rupee, which has appreciated to 94.71 against the dollar from its recent low of 96.96,” market experts said.

However, analysts cautioned that a weak monsoon remains a concern, as a below-normal rainfall season could fuel inflationary pressures. They said developments on the monsoon front would need to be closely monitored in the coming weeks.

According to senior US officials, the two sides have signed a memorandum of understanding (MoU) aimed at ending the nearly four-month-long war, with a formal signing ceremony expected on Friday.

Moreover, US officials indicated that shipping traffic through the Strait of Hormuz is likely to resume gradually, easing concerns over disruptions to global energy supplies.

On the commodities front, international benchmark Brent crude traded 0.37 per cent lower at $82.86 per barrel, while US West Texas Intermediate (WTI) crude slipped 0.22 per cent to $80.57 per barrel.

Asian markets traded mostly higher. Japan’s Nikkei advanced 0.62 per cent, while South Korea’s KOSPI surged more than 2 per cent. Indonesia’s Jakarta Composite gained around 4 per cent. However, Hong Kong’s Hang Seng declined over 1 per cent.

Overnight, Wall Street ended higher, with the S&P 500 gaining 1.65 per cent and the Nasdaq surging nearly 3 per cent.

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