IBC ordinance: Jaypee homebuyers may approach NCLT

Two days after the Cabinet approved amendments to the Insolvency and Bankruptcy Code (IBC) 2016, allowing homebuyers the status of financial creditors, granting them equal priority as banks and other institutional creditors while recovering dues from stressed or insolvent realty firms, Jaypee homebuyers said that as soon as the ordinance is notified, they may approach the National Company Law Tribunal (NCLT) for extending the resolution professional’s term by six months so that fresh bids may be invited and voted for by buyers, who would now hold over 67 percent voting rights under the new dispensation.

Earlier, only financial institutions were recognised as financial creditors giving them the sole power to decide the future of the company under CIRP (corporate insolvency resolution process), completely ignoring the rights of homebuyers who had contributed equal and sometimes more funding that the financial institution. The ordinance will set this anomaly right. It will provide homebuyers, a seat at the Committee of Creditors and co-drive the process of resolution of the real estate firm

“Once the ordinance is notified, we will plead before the NCLT that the resolution process be rerun. We may ask for five to six months of extension for the resolution professional who would then be called upon to revise the evaluation matrix and then ask for fresh bids that may include delay compensation provision too. We are hopeful that this time round the proposal will be agreeable as home buyers (now financial creditors) would hold more than 67 percent voting rights,” they say.

Earlier this month, a group led by Lakshdeep Investments & Finance had emerged as the highest bidder for embattled real estate firm Jaypee Infratech Ltd. The consortium of Lakshdeep, Suraksha Realty, Kyati Realtors, Virtuous Finance, Dosti Realty, Sudhir Valia, Raksha Valia and Venerate Properties bid a total of Rs 10,314 crore for Jaypee. The group had lined up Rs 3,500 crore as working capital for the completion of Jaypee’s housing projects. Lakshdeep had also filed an intervening application in an ongoing case in the Supreme Court on May 11 seeking to extend the deadline for insolvency proceedings.

On May 16, the apex court stayed the liquidation proceedings against Jaypee Infratech while asking the promoters to deposit Rs 1,000 crore by June 15 to refund home buyers. The matter is expected to be heard on July 4. The company has so far deposited Rs 750 crore.

Lenders of Jaypee Infratech on May 9 rejected Lakshadweep Pvt Ltd’s offer to buy the bankrupt company as the bid was found too low.

“Homebuyers armed with voting rights in the committee of creditors, may now demand for almost two-third share. During the resolution plan stage, they may put forth that the amount of Rs 10,500 crore be distributed among home buyers and banks on the basis of their claims or voting percentage,” say sources.

“As far as voting is concerned, not all 25,000 buyers will be able to attend the COC. Their voting rights may be similar to the voting right of a shareholder in a listed company, that is, they may be called upon to exercise their voting right through a web portal,” say legal experts.

“Buyers may ask for a change in the evaluation matrix. The previous one was heavily in favour of banks. Once that matrix is changed and home buyers get the voting rights, home buyers may approve the resolution plan,” they say.

Buyers may have to take a haircut even under the new dispensation

Despite being accorded the status of financial creditors, both buyers and banks may end up taking a 20 to 30 percent haircut, say legal experts.

The changes to the IBC cleared by the Cabinet on Wednesday were based on the recommendations of a high-level law committee chaired by Injeti Srinivas, secretary in the ministry of corporate affairs. The committee had submitted its report ‘Report of the Insolvency Law Committee’ in the month of March.

The 14-member panel had recommended that home buyers should be treated as financial creditors owing to the unique nature of financing in real estate projects and the treatment of home buyers by the Supreme Court in ongoing cases.

Vandana.ramnani@nw18.com