NCLAT Directs Apex Court Committee to Submit Project-Wise Completion Dates for 16 Supertech Housing Projects

The National Company Law Appellate Tribunal (NCLAT) has directed the Supreme Court-appointed Apex Court Committee to submit a report containing tentative completion dates for each of the 16 stalled Supertech housing projects currently being taken over by NBCC. The direction came after the tribunal observed that the committee's affidavit lacked concrete timelines, merely indicating a broad range of 12 to 36 months for completion. The report must be filed ahead of the next hearing scheduled for November 6, 2026.

The three-member bench, led by Officiating Chairperson Justice Yogesh Khanna and comprising Technical Members Barun Mitra and Ajai Das Mehrotra, noted that the projects are at varying stages of construction, making project-specific timelines essential. The tribunal's order came during proceedings arising from an appeal filed by Ram Kishor Arora, the suspended director of Supertech Limited, which is undergoing corporate insolvency resolution.

Background: The Long Road to Resolution

Supertech Limited, a once-prominent real estate developer, launched multiple housing projects across Noida, Greater Noida, Gurugram, and other locations between 2010 and 2012. Financial troubles culminated in insolvency proceedings initiated by lead lender Union Bank of India, with the National Company Law Tribunal (NCLT) admitting the company for corporate insolvency resolution on March 20, 2021.

On December 12, 2024, NCLAT constituted an Apex Court Committee and directed state-owned NBCC to take over and complete the 16 stalled projects. The committee was tasked with overseeing progress, with separate project-wise committees and accounts to be maintained. A subsequent Supreme Court order dated February 5, 2026, barred all courts and tribunals, including High Courts, from passing interim orders that could stop NBCC from commencing work.

Key Developments: Fresh Timelines Proposed

In compliance with a September 18, 2026 order, the Apex Court Committee filed an affidavit proposing new timelines for construction commencement and completion. The affidavit stated that due diligence and audit necessary for construction would be completed on or before January 15, 2027, with statutory approvals obtained before construction begins from January 16, 2027. The award of construction work through tenders is expected to be completed by December 31, 2026.

NBCC proposes to issue 27 or more separate sub-tender packages through an open e-tendering process. Tenders for the 16 projects are slated to be issued in phases between October 1 and 15, 2026. The committee also outlined plans to secure statutory approvals alongside tendering and mobilization.

However, the tribunal expressed dissatisfaction with the lack of specificity. “However, we find from the pleadings there is no concrete date of completion of construction given in the affidavit, though noted it shall be between 12-36 months,” the bench observed. Consequently, it instructed the committee: “We request the Apex Court Committee to file a report of tentative completion date in each of the 16 projects, as each project is at a different stage of construction and such report/affidavit may also disclose the finances available as of today and it be filed prior to the next date of hearing.”

Project-Specific Challenges

The affidavit highlighted several unresolved issues that may require further examination. For instance, at Czar Suites, the land authority’s approval covered only 844 units, but actual construction comprised 1,908 units—a discrepancy that needs resolution. At Upcountry, 16 towers had been constructed, with five handed over and 11 partially handed over. The towers were approximately 23 to 27 floors high, but the sanctioned and RERA-approved plans only reflected approval up to 30 metres, necessitating verification of original and revised drawings.

At Hilltown, the committee flagged uncertainty over an area of approximately 15.75 lakh square feet reportedly allotted to Honey Builders Limited and its subsidiaries, with relevant documents not made available. In Eco Village-I, towers H1 and H2 were sanctioned for 35 floors and 418 three-bedroom units, but the core structure had only been built up to the 19th floor—even though inventory records showed all 418 units as sold. The committee emphasized that further examination was needed to establish the status of these units and the remaining construction work.

The committee indicated that due diligence could be expedited if Supertech's erstwhile management provided outstanding documents and information identified by NBCC without further delay. However, the erstwhile management denied withholding any documents or information, as recorded in the tribunal's order.

Funding Hurdles and Interim Solutions

Funding remains a critical challenge. The committee informed the tribunal that financing proposals from certain companies were found unviable due to high interest rates. Public sector banks and financial institutions approached have sought a techno-economic viability report on Supertech and its projects, expected to be completed by December 15, 2026. Sanction and disbursement of interim finance may take until approximately March 2027, subject to lenders' appraisal processes.

To avoid delaying construction while funding is arranged, the committee and NBCC have devised an alternative mechanism. Successful contractors could use their own funds to commence awarded works for an initial six-month period from the date of the relevant running account bill, with deferred payments carrying interest at 6% to 7% per annum. This clause has been incorporated into tender packages.

Legal Implications and Next Steps

The NCLAT also took note of the Insolvency and Bankruptcy Board of India's (IBBI) instruction to the committee to seek the appointment of an interim resolution professional (IRP) from its panel. The committee is expected to move the NCLT for this appointment, and the tribunal directed that any such application be disposed of expeditiously, preferably within a week of filing. Following the IRP's appointment, the committee may consider moving an application under Section 19(2) of the Insolvency and Bankruptcy Code to obtain further information from the erstwhile management.

The tribunal referenced its December 12, 2024 order, which laid down a framework permitting the Apex Court Committee to consider appointing an alternative project management consultant or co-developer if NBCC expresses inability to complete a project within stipulated timelines or significant deviations from projected surplus emerge. However, the tribunal observed that the matter had not reached that stage, stressing that the focus should remain on completing projects at the earliest and handing over flats to allottees.

The bench took the proposed timelines on record, acknowledging that the committee was taking steps toward finalizing construction commencement. It also reiterated the Supreme Court's February 5, 2026 order, which leaves any aggrieved entity free to approach the Supreme Court for appropriate directions.

Impact on the Legal Community

This ruling underscores the judiciary's insistence on concrete, project-specific timelines in large-scale insolvency resolutions involving real estate. For legal practitioners, it highlights the importance of presenting detailed, verifiable plans to tribunals rather than broad estimates. The case also demonstrates the interplay between corporate insolvency law and consumer protection, as thousands of homebuyers await delivery of flats.

The NCLAT's direction to provide financial disclosures alongside completion dates signals a broader judicial trend toward transparency in insolvency proceedings. Moreover, the potential appointment of an IRP from IBBI's panel could streamline coordination between the committee and statutory authorities, setting a precedent for similar multi-project insolvencies.

Conclusion

With the next hearing on November 6, 2026, the Apex Court Committee now faces the task of furnishing project-wise completion schedules and funding details. The outcome will be closely watched by stakeholders, including homebuyers, lenders, and insolvency professionals. As the tribunal emphasized, the primary objective is to ensure timely completion of the 16 projects and deliver flats to allottees. The coming weeks will reveal whether the committee can meet this demand for specificity and bring long-awaited clarity to thousands of affected families.