NOIDA: The National Company Law Appellate Tribunal (NCLAT) has ordered that day-to-day maintenance at two Supertech housing projects — Ecociti (Sector 137) and 34 Pavilion (Sector 34) — be handed over to their registered apartment owners’ associations (AOAs) within 30 days, giving residents control over essential services and upkeep through their elected bodies after years.
A bench led by chairperson Ashok Bhushan and member (technical) Barun Mitra directed respondent No. 2, YG Estates Facilities Management Pvt Ltd, to complete the transfer under the supervision of the interim resolution professional (IRP) as Supertech Ltd remains under insolvency proceedings.
In the Ecociti case, the tribunal noted that the AOA was registered on Jan 3, 2022. The project has 2,147 flats, and the bench recorded that 99% of owners have taken possession and are living in the society.
The tribunal also highlighted Noida Authority’s role, observing that the applicant had written to the authority, which in turn asked Supertech Ltd to take steps to hand over maintenance to the registered association. The bench noted that the Authority had, through a letter dated June 1, 2022, directed that maintenance be handed over to the association.
While considering objections raised by YG Estates, the NCLAT referred to its earlier ruling from March 18, 2025, in the Supernova AOA case, and reiterated the legal position.
“When the statute obliged the promoter to hand over the facilities to the association and there is deeming fiction, we are of the view that YG Estates, which is nothing but a related party to the corporate debtor and agency nominated by the corporate debtor to carry out the maintenance, cannot refuse to hand over such maintenance to the association,” the bench said.
Allowing the Ecociti application, the tribunal ordered, “Respondent No. 2 shall take steps and complete the handover of the maintenance to the applicant registered association within 30 days from today. The maintenance shall be handed over under the supervision of the IRP.”
On YG Estates’ claim of pending dues from allottees, the bench clarified that the handover would not be stalled on that ground. “Insofar as submission of respondent No. 2 that there are certain dues of respondent No. 2 on the allottees, it is open for the respondent No. 2 to take such steps as permissible under the contract between the respondent No. 2 and the allottees,” it said.
In the 34 Pavilion case, the tribunal recorded that the occupancy certificate for two of the four residential towers was issued on Sept 28, 2012. It also noted that out of 262 flats across all four towers, “not less than 99% of the allottees took possession”.
Allowing that plea as well, the bench said, “The respondent No. 2 is directed to hand over the maintenance within 30 days from today under the supervision of the IRP.”
