Homebuyers say that they are now focusing on the NCLT hearing on May 6 and are hopeful that the resolution process would get an extension. They are definitely not in favour of the company going into liquidation.
Suraksha Realty’s bid for the embattled company has been rejected the second time around by lenders, sources said on May 3.
Under the insolvency proceedings, 41.85 percent of the total votes of the committee of creditors (CoC) was against the proposal, while 23.47 percent was in favour of the proposal. Most of those voting in favour of Suraksha Realty were homebuyers, who hold about 60 percent of the voting rights in the CoC. As many as 66 percent votes is required for the acceptance of a proposal.
As many as 22.46 percent, or 8019 homebuyers voted for Suraksha Realty. Around 2.19 percent dissented (860) and 34.62 percent abstained (14,632) from the e-voting process, which started on April 30 and concluded on May 3.
Mumbai-based Suraksha group was the only contender in the fray to acquire Jaypee Infratech after the CoC rejected the bid of state-owned ational Buildings Construction Corporation (NBCC) on the grounds that the offer did not have approval from various government departments on April 26.
Experts said that a confusion over whether NBCC’s bid would be put to vote or not after it received all the requisite approvals was perhaps the main reason why Suraksha Realty’s bid was unable to garner sufficient votes from homebuyers, who had abstained in large numbers. Experts also said that its offer was low on upfront cash payment.
"Section 28(3) of the Insolvency and Bankruptcy Code stipulates that 'No action shall be approved by the committee of creditors unless approved by a vote of 66 percent of the voting shares'. Since the members representing 23.47 percent of the voting rights assented to the matter, the decision on the item stands rejected," Jaypee Infratech's Interim Resolution Professional (IRP) Anuj Jain said in a statement.
Suraksha Realty had in this round offered lenders Rs 18.55 crore as upfront payment and land parcels worth Rs 5,000 crore to settle the debt. It also proposed to infuse Rs 3,000 crore capital to complete the construction of over 20,000 flats.
NBCC wants its bid to be reconsidered, while the Adani Group has also shown interest in acquiring Jaypee Infratech and to complete over 20,000 delayed flats in Noida.
Jaypee Group's promoters too have made a formal bid to the IRP, conducted meetings with homebuyers, sent them direct emails and also established a call centre in the last few days.
IDBI bank had approached the Allahabad bench of the National Company Law Tribunal (NCLT) court on April 29 to extend the Corporate Insolvency Resolution Process (CIRP) as the deadline expires by May. The NCLT will hear the matter now on May 6.
Homebuyers’ associations say that they are now focusing on the NCLT hearing and are hoping that the resolution process would get an extension as they are not in favour of Jaypee Infratech going into liquidation.
In its previous bid, NBCC had offered 1,400 acres of land worth Rs 6,000 crore and equity infusion of Rs 500 crore upfront. In the revised bid, it has offered 950 acres of land worth Rs 5,001 crore, and reduced the equity infusion from Rs 500 crore to Rs 200 crore, sources said.
For secured financial creditors, it has offered a payment of upfront amount of Rs 1,500 crore, 100 percent in Yamuna Expressway SPV, 100 percent in land bank SPV. The land bank SPV is worth Rs 5,001 crore and totals 950 acres.
During the CoC meeting on April 26, NBCC had sought some time to take all the necessary approvals but the lenders decided to put on vote on April 30 the offer of Suraksha Realty-led consortium and not NBCC's.
On April 30, NBCC, which has received the go-ahead from all government departments for its revised offer to acquire the embattled Jaypee Infratech, had written to the court-appointed insolvency resolution professional to reconsider its bid.
In a letter to the appointed interim resolution professional (IRP) Anuj Jain, on May 1, NBCC had said, "All necessary administrative approvals have been obtained by us.... We would request you to reconsider your decision and put up our plan for voting before the CoC".
''Please note that we shall take all steps, as may be necessary to protect our interest and the interest of the creditors of the Jaypee Infratech including the homebuyers,'' the letter said.
In a regulatory filing, NBCC said it has got the necessary approvals from the Ministry of Housing and Urban Affairs and other concerned departments for its bid.
After the COC meeting on April 26, NBCC had also written a letter to the interim resolution professional (IRP) Anuj Jain expressing its interest in taking over the embattled firm and that its offer should be considered on merit.
NBCC continues to be very interested in the resolution process and accord the interest of the homebuyers an utmost priority, the letter written by NBCC to the IRP said.
"It is to bring to your attention that during the CoC meeting on 26th April it was clarified by NBCC that these approvals have been applied as expected shortly and it was requested to consider some time frame for allowing NBCC to obtain the approvals before the actual voting on the plan," said the letter written by NBCC to the IRP had said.
“This appeal was made on the basis of the fact that the CoC meeting was being held on 26th April, just 2 days after the submission of the plan on 24th, and there was not enough time to inform the CoC regarding the status of Govt approvals. We are confident that our proposal will safeguard the interest of the home buyers and the lenders. Therefore, we request the CoC to consider our proposal on merit."
Suraksha had earlier offered about Rs 20 crore as upfront payment, but in the revised bid, it has proposed an equity infusion of Rs 50 crore and a working capital loan of Rs 3,000 crore against a requirement of Rs 2,404 crore to complete construction work, sources said, adding their completion timelines are on an average one year less than NBCC.
On May 1, representatives of nine homebuyers' associations of Jaypee Infratech's housing projects in Noida, Uttar Pradesh, alleged that Jaypee group promoters are interfering in the insolvency proceedings in order to regain control over the troubled realty firm, and that the voting process is not being carried out in a fair manner.
"Our demand is that an emergency meeting of the committee of creditors (CoC) be called immediately. NBCC being a government agency should be given a chance in the voting process because homebuyers now don't have any faith in private players," homebuyers told reporters at a press conference held in Noida.
"There is no credibility left with the Jaypee group. Now they say they want to complete the project but there is no point believing them. The only hope now is if NBCC gets to participate in the voting," they said.
As many as 22,000 homebuyers are stuck because of a significant delay in the delivery of flats by Jaypee group's debt-ridden firm Jaypee Infratech, which is undergoing insolvency proceedings.
In 2017, the National Company Law Tribunal (NCLT) admitted the application by an IDBI Bank-led consortium seeking resolution of Jaypee Infratech. In the first round of insolvency proceedings, the Rs 7,350 crore bid of Lakshdeep, part of the Suraksha Group, was rejected by lenders as it was found to be substantially lower than the company's net worth and assets.
In October 2018, the IRP started a fresh initiative to revive Jaypee Infratech on NCLT's direction.
The realty firm has an outstanding debt of nearly Rs 9,800 crore, of which Rs 4,334 crore pertains to IDBI Bank. Other lenders are IIFCL, LIC, SBI, Corporation Bank, Syndicate Bank, Bank Of Maharashtra, ICICI Bank, Union Bank, IFCI, J&K Bank, Axis Bank and Srei Equipment Finance.
Jaypee Infratech is developing about 32,000 flats, of which it has delivered 9,500 units. JAL had deposited Rs 750 crore in the registry of the Supreme Court for refund to buyers. However, this amount was transferred to the NCLT as per an order of the apex email@example.com