The Supreme Court on Monday agreed to hear an application by the Supertech homebuyers’ association on Tuesday, with Chief Justice of India Surya Kant remarking that many groups of homebuyers are before the Court, some of them on behalf of promoters.
New Delhi: The Supreme Court on Monday, October 26, agreed to hear on Tuesday an application filed by the Supertech Homebuyers Association in the matter arising out of the insolvency of real estate developer Supertech Ltd, after Senior Advocate Menaka Guruswamy mentioned it as the plea of bona fide homebuyers [Application by Supertech Homebuyers Association in the Supertech Ltd matter].
The mentioning was made before a Bench led by Chief Justice of India Surya Kant. Senior Advocate Menaka Guruswamy appeared for the association and told the Bench that the matter is listed on Tuesday.
What was said in court
Guruswamy told the Bench that the applicants are bona fide homebuyers. The CJI observed that the Court already has several sets of homebuyers before it.
“We have many groups of homebuyers before us. Some are also here on behalf of promoters. The standard of lawyers they engage says a lot about their intentions.”
CJI Surya Kant
Guruswamy responded that these were bona fide homebuyers who wished to be heard. The CJI then said, “Okay, tomorrow.” The remark was a general observation on the groups appearing in the matter; the Court made no finding about the association or any other party.
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How the case reached here
Insolvency proceedings against Supertech Ltd began on March 20, 2021, when Union Bank of India’s petition under Section 7 of the Insolvency and Bankruptcy Code, claiming over Rs 431 crore as of January 31, 2021, was admitted. On December 12, 2024, the NCLAT directed state-owned NBCC to complete 16 stalled Supertech projects. On February 5, 2026, the Supreme Court upheld that order using its powers under Article 142 of the Constitution and barred tribunals and High Courts from passing orders that would stall the construction. The 16 projects cover 49,748 homes across Uttar Pradesh, Uttarakhand, Haryana and Karnataka, with about 27,000 homebuyers awaiting possession.
On May 22, 2026, the NCLAT held that it lacked the competence to exempt NBCC from statutory provisions of the Real Estate (Regulation and Development) Act, 2016. On August 17, a Bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice on NBCC’s challenge to that refusal, sought responses from the Centre and former Supertech director Ram Kishor Arora, and directed that it be taken up with the other pending matters. Attorney General R Venkatramani appeared for NBCC.
The legal position
Since the 2018 amendment to the Insolvency and Bankruptcy Code, allottees of real estate projects are treated as financial creditors and are represented in the committee of creditors through an authorised representative. That status gives homebuyers a voice in the insolvency, which is why several associations and groups have sought to be heard separately. The Court’s remark signals that it will look closely at who each group represents before hearing it.
Case Title: Application by Supertech Homebuyers Association in the Supertech Ltd matter
Bench: Bench led by CJI Surya Kant, Supreme Court of India
Date of Mentioning: October 26, 2026
Next Date: October 27, 2026
Appearance: Senior Advocate Menaka Guruswamy for the Supertech Homebuyers Association