The Supreme Court used Article 142 to revive the delayed Supertech Supernova project, ensuring progress and safeguarding all homebuyers. A bench led by CJI Surya Kant created a court-monitored framework to ensure completion and supervise Supertech’s insolvency process.
New Delhi: The Supreme Court utilized its exceptional powers under Article 142 of the Constitution to implement a series of measures aimed at ensuring the completion of the stalled Supernova real estate project in Noida.
The developer, Supertech Realtors Pvt Ltd., has been entangled in insolvency proceedings.
In a ruling delivered on December 16, a Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi established a court-monitored framework to facilitate construction, safeguard homebuyers, and manage ongoing resolution proceedings against Supertech.
Emphasizing that the existing situation necessitated a resolution that surpassed the standard insolvency processes, the Bench noted,
“This is a fit case for this Court to exercise its powers under Article 142 of the Constitution of India, to do complete justice.”
By invoking Article 142, the Court relieved Supertech’s interim resolution professional (IRP), the committee of creditors, and the suspended board of directors, appointing a three-member empowered committee to oversee the project’s management.
The committee is composed of:
- Justice MM Kumar, former Chief Justice of the Jammu and Kashmir High Court and previous President of the NCLT, serving as the chairperson;
- Dr. Anoop Kumar Mittal, an expert in construction and project management;
- Rajeev Mehrotra, a specialist in financial management.
The committee will operate from New Delhi, with expenses covered by Supertech.
The case arose from Civil Appeal No. 11052/2025, filed by the suspended director Ram Kishore Arora, challenging the NCLAT judgment dated 13.08.2025. NCLAT had upheld the CIRP admission order dated 12.06.2024 under Section 7 of the IBC, filed by Bank of Maharashtra.
Supernova is a mixed-use mega real-estate project consisting of residential units, service apartments, commercial spaces and more. Many homebuyers, financial institutions, and NOIDA Authority were involved.
The Court noted that these issues form a “mosaic of competing claims and interests” involving several stakeholders.
Also Read: Supreme Court: “Cannot Allow the HC to Exercise Power Under Article 142”
The Supreme Court’s 16 December 2025 order marks a historic and extraordinary intervention in an IBC process. It completely restructures the resolution framework to ensure that homebuyers receive their homes and that the project is completed in a transparent and time-bound manner.
The Court has used Article 142 to bring together judicial oversight, administrative monitoring, and financial discipline into a single mechanism.
Article 142 of the Indian Constitution gives the Supreme Court of India a special power to pass any order or decree necessary to do “complete justice” in a case before it. This power is unique and very wide.
What is Article 142?
- It says: “The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.”
- Sometimes, existing laws or procedures are not enough to solve a complex or unusual case.
- In such cases, the Supreme Court can use Article 142 to ensure fairness and justice, even if it means going beyond usual legal rules.
- It helps the Court fill gaps in the law or make decisions that are just and effective.
How does the Supreme Court use Article 142?
- The Court can issue directions or orders that are binding on all parties.
- It can also make orders to enforce its judgments.
- For example, if there is no law to handle a particular situation, the Court can create a solution under Article 142 to avoid injustice.
- It can be used in public interest cases, for protecting fundamental rights, or resolving disputes involving multiple parties.
Important points:
- The power under Article 142 is extraordinary but must be used wisely and sparingly.
- It cannot override the Constitution or violate fundamental rights.
- The Court’s decision under Article 142 is final and binding.
Case Title: Ram Kishor Arora Vs Bank of Maharashtra
Read Attachment