Brief Overview:
The Supreme Court has stepped in to settle the long‑running tug‑of‑war between lenders and allottees in real‑estate CIRP, laying down directions to keep the process transparent and protect allottees:
1) Every allottee must be fully disclosed in the Information Memorandum—no gaps, no ambiguity.
2) When the CoC refuses handover of possession, it must record clear, specific, and valid reasons.
3) Recommendation for liquidation by the CoC must be supported by a written reasoned justification, demonstrating that all possible alternatives under the IBC were examined.
Technical Details:
1) NCLT dismissed a Section 7 petition against a real estate developer, holding that initiating CIRP would prejudice allottees.
2) In an appeal, NCLAT directed initiation of CIRP.
3) The Supreme Court upheld the NCLAT’s decision and observed that the IBC already provides key safeguards for allottees:
(a) Allottees in possession stand outside the insolvency estate.
(b) Pending allottees are treated as financial creditors who may file claims and participate in the CoC through authorised representatives.
(c) The Resolution Professional, with CoC approval, may facilitate handover of possession and registration to allottees.
JC Takeaway:
1) Supreme Court tightens the real‑estate CIRP framework.
2) Allottee protection strengthened through clearer safeguards.
3) CoC accountability reinforced with reasoned decision‑making.
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