Hindustan Times (Chandigarh)

Govt clears ordinance to protect homebuyers

IBC amended to ensure buyers are on par with creditors

- Priyanka Mittal and Prashant K Nanda

NEW DELHI: The Union cabinet on Wednesday approved an ordinance to amend the Insolvency and Bankruptcy Code (IBC) 2016 to put home buyers on a par with financial creditors when deciding the fate of real estate companies that have defaulted on loan payments.

The ordinance will come into force once it gets the approval of the President of India.

Until now, home buyers were treated as unsecured creditors who came after secured and institutio­nal creditors in the list of priority for recovery of dues.

“The cabinet has approved it,” law minister Ravi Shankar Prasad said after a meeting of the Union cabinet but declined to give further details.

The move is likely to positively impact the claims of home buyers in pending court cases against leading real estate groups such as Jaypee Infratech, Supertech and Amrapali.

The changes were based on suggestion­s made by a 14-member insolvency law committee to the ministry of corporate affairs, chaired by secretary Injeti Srinivas who made a strong case for treating homebuyers as financial creditors, enabling them to take builders defaulting on their obligation­s to a bankruptcy court and deciding their future along with lenders.

Legal and real estate experts hailed the ordinance as a move that will benefit millions of home buyers.

“The decision to include homebuyers under the ambit of financial creditors...will be received with a cheer. Several developers have misappropr­iated funds of homebuyers, whose position in the resulting insolvency proceeding­s has been the topic of speculatio­n for a while now. The decision to end this uncertaint­y is a step in the right direction,” said Punit Dutt Tyagi, executive partner at law firm Lakshmikum­aran & Sridharan Attorneys.

Tyagi, however, said that banks may not like the developmen­t as their dominant position in the insolvency proceeding­s stands threatened. Real estate consultant JLL India said the

The changes were based on suggestion­s made by a 14-member insolvency law committee to the ministry of corporate affairs

The panel also suggested easing voting rules at committee of creditors meetings move will benefit home buyers and help the stagnant real estate market revive.

“This will infuse confidence in the homebuyers to invest their money as it gives them priority in the recovery of dues if the realty firm in which they have invested goes bust,” said Ramesh Nair, chief executive officer and country head, JLL India.

Changes in the code will also help micro, small and medium enterprise­s by allowing their promoters to submit their resolution plan in insolvency cases. Small and medium firms are key to India’s jobs growth.

The committee also proposed to make it easier to get resolution plans as well as routine decisions approved. Accordingl­y, it suggested that the current requiremen­t of votes from 75% of creditors be relaxed to 66% of financial creditors for critical decisions and 51% in the case of routine decisions. Critical decisions have been defined as appointmen­t or removal of a resolution profession­al and approval or rejection of resolution plan.

The Union cabinet also approved an expenditur­e of ₹7,330 crore to improve mobile connectivi­ty in 96 districts in 10 states that have been affected by leftwing extremism. It also approved the waiver of around ₹1,400 crore penal interest on loans taken by Paradip and Visakhapat­nam ports.

(Gireesh Chandra Prasad contribute­d to the story)

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