Share of real estate in recoveries under IBC rises
Real Estate

Share of real estate in recoveries under IBC rises

The real estate sector on a reported basis accounted for more than 50% of the total realisations under IBC. However subsequent to the release of data by IBBI, a large key case went sub-judice following admission of an appeal before the Hon?ble NCLAT resulting in the real estate sector accounting for 18.8% of total realisations under IBC. This compares very well to total realisations of 1.2% in the period between its inception in FY17 to September 2022 as indicated in an earlier report*, finds a joint report by property consultants ANAROCK and leading law firm, Khaitan & Co.

Shobhit Agarwal, MD & CEO, ANAROCK Capital says, ?The total number of corporate insolvency resolution process (?CIRP?) cases filed has risen from an average of ~208 in FY22 to average of ~313 in FY23. FY24 however has commenced on a weak note with 238 cases admitted overall in the first quarter. Real estate cases have averaged about 18-20 in each quarter between October 2021 and December 2022. However, this jumped sharply in March 2023 to 44 corporate debtors being admitted into CIRP.?

Sudip Mullick, Partner, Khaitan & Co, says ?While CIRPs of real estate companies have increased in the last few quarters, it would be interesting to see how effectively these cases are resolved. Positive outcomes in the ongoing CIRPs of real estate companies would be the key to drive confidence of homebuyers and give a boost to the sector."

Kumar Saurabh Singh, Partner, Khaitan & Co, adds, ?One of the key reasons for prolonged delay in resolution of insolvencies has been the large number of vacancies in the NCLTs. With a view to strengthen the bench, the government has recently appointed 21 members, which will take the bench strength closer to the sanctioned number of 63. This is expected to reduce the delays faced in the resolution of insolvent companies. However, it will be critical for the government to continue this momentum and ensure that vacancies are filled on time.?

Proposed Amendments to IBC

With a view to further streamline the CIR process, the Ministry of Corporate Affairs has invited comments on changes being considered to the IBC. The report covers the several key changes that are being considered. Significantly, these also include the increased use of technology in the IBC eco-system to make it more efficient and effective.

Kumar Saurabh Singh, Partner, Khaitan & Co, says, "Currently, the MCA, the Adjudicating Authority, the IBBI, information utilities and service providers operate on separate technological platforms.

?There is now a proposal to bring all of them on the same platform which will lead to enhanced transparency, minimisation of delays, and facilitate more effective decision making,? says Singh. ?This calls for the development of a state-of-the-art electronic platform that can handle several processes under the Code, with minimum human interface."

The National E-Governance Services Ltd., India?s first Information Utility, has also unveiled an insolvency case management system that assist insolvency professionals in seamlessly executing all CIRP and liquidation process-related tasks in a time-bound manner.

Aashiesh Agarwaal, SVP - Research & Investment Advisory, ANAROCK Capital, says, ?A Committee constituted by Ministry of Housing and Urban Affairs recommended the project-wise CIRP of real estate companies as opposed to company-wise CIRP. Further, it was recommended that necessary amendments be made to the enabling RPs to transfer the ownership and possession of sale units to the allottees while the CIR process is underway. Finally, the report recommended creation of 5 additional fast-track benches at the NCLT, to expedite the cases including real estate cases.?

The real estate sector on a reported basis accounted for more than 50% of the total realisations under IBC. However subsequent to the release of data by IBBI, a large key case went sub-judice following admission of an appeal before the Hon?ble NCLAT resulting in the real estate sector accounting for 18.8% of total realisations under IBC. This compares very well to total realisations of 1.2% in the period between its inception in FY17 to September 2022 as indicated in an earlier report*, finds a joint report by property consultants ANAROCK and leading law firm, Khaitan & Co. Shobhit Agarwal, MD & CEO, ANAROCK Capital says, ?The total number of corporate insolvency resolution process (?CIRP?) cases filed has risen from an average of ~208 in FY22 to average of ~313 in FY23. FY24 however has commenced on a weak note with 238 cases admitted overall in the first quarter. Real estate cases have averaged about 18-20 in each quarter between October 2021 and December 2022. However, this jumped sharply in March 2023 to 44 corporate debtors being admitted into CIRP.? Sudip Mullick, Partner, Khaitan & Co, says ?While CIRPs of real estate companies have increased in the last few quarters, it would be interesting to see how effectively these cases are resolved. Positive outcomes in the ongoing CIRPs of real estate companies would be the key to drive confidence of homebuyers and give a boost to the sector. Kumar Saurabh Singh, Partner, Khaitan & Co, adds, ?One of the key reasons for prolonged delay in resolution of insolvencies has been the large number of vacancies in the NCLTs. With a view to strengthen the bench, the government has recently appointed 21 members, which will take the bench strength closer to the sanctioned number of 63. This is expected to reduce the delays faced in the resolution of insolvent companies. However, it will be critical for the government to continue this momentum and ensure that vacancies are filled on time.? Proposed Amendments to IBC With a view to further streamline the CIR process, the Ministry of Corporate Affairs has invited comments on changes being considered to the IBC. The report covers the several key changes that are being considered. Significantly, these also include the increased use of technology in the IBC eco-system to make it more efficient and effective. Kumar Saurabh Singh, Partner, Khaitan & Co, says, Currently, the MCA, the Adjudicating Authority, the IBBI, information utilities and service providers operate on separate technological platforms. ?There is now a proposal to bring all of them on the same platform which will lead to enhanced transparency, minimisation of delays, and facilitate more effective decision making,? says Singh. ?This calls for the development of a state-of-the-art electronic platform that can handle several processes under the Code, with minimum human interface. The National E-Governance Services Ltd., India?s first Information Utility, has also unveiled an insolvency case management system that assist insolvency professionals in seamlessly executing all CIRP and liquidation process-related tasks in a time-bound manner. Aashiesh Agarwaal, SVP - Research & Investment Advisory, ANAROCK Capital, says, ?A Committee constituted by Ministry of Housing and Urban Affairs recommended the project-wise CIRP of real estate companies as opposed to company-wise CIRP. Further, it was recommended that necessary amendments be made to the enabling RPs to transfer the ownership and possession of sale units to the allottees while the CIR process is underway. Finally, the report recommended creation of 5 additional fast-track benches at the NCLT, to expedite the cases including real estate cases.?

Next Story
Technology

We’re building robots that flow, not just move

Founded in 2021, Flo Mobility is reimagining construction automation with vision-AI robots designed for seamless movement through complex sites. In conversation with CW, Manesh Jain, Founder & CEO, discusses the company’s origin, its LiDAR-free tech stack, and expansion plans in the Middle East and US.What inspired the name Flo Mobility? Why ‘Flo’ and not ‘Flow’?When we started the company in 2021, our focus was on building autonomous navigation systems for robots. Since our work centred around robot movement, ‘mobility’ naturally became part of the name. We wanted to co..

Next Story
Real Estate

We’re committed to setting benchmarks in sustainable luxury living

From a landmark land acquisition in Boisar to ambitious launches across the Mumbai Metropolitan Region (MMR), National Capital Region (NCR), Bengaluru and Pune, Birla Estates is driving future-ready growth with a strong focus on sustainability, partnerships and premium living, firmly anchored in its LifeDesigned® philosophy. K T Jithendran, Managing Director & CEO, outlines the company’s premium, sustainable growth playbook in conversation with PRATAP PADODE, Editor-in-Chief, CW. Excerpts:Birla Estates recently acquired a 70.92-acre land parcel in Boisar, Maharashtra, for..

Next Story
Infrastructure Urban

Mumbai’s land crunch and ageing homes call for structured renewal

Founded in 2022, Etonhurst Capital Partners is a real-estate fund management platform focused on the Indian market. As the firm achieves the first close of Rs 1.8 billion for its debut Rs 5 billion fund, Bamasish Paul, Co-founder, Managing Partner & CEO, discusses its sharp focus on redevelopment-driven value creation in Mumbai’s urban core with CW. Excerpts:Etonhurst Capital has achieved a significant milestone with the first close of Rs 1.8 billion for its Rs 5 billion fund. What factors contributed to this early success and how do you plan to attract further investments to r..

Advertisement

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Talk to us?