On 9 August 2019 a three-judge bench of the Supreme Court, in Pioneer Urban Land and Infrastructure Ltd v. Union of India, upheld the 2018 Amendment to the Insolvency and Bankruptcy Code that deemed homebuyer advances 'commercial effect of borrowing' and thereby financial debt under Section 5(8)(f), held that IBC and RERA operate in different fields and co-exist harmoniously with Section 238 IBC controlling on conflict, and drew the doctrinal line between genuine allottees with possession intent and speculative investors seeking only refund or profit. A close reading of Justice Nariman's judgment, the constitutional analysis on Articles 14, 19(1)(g) and 300A, the field-occupation reasoning and what practitioners advising developers and homebuyers should take from the case.
On 15 January 2026, a Supreme Court bench of Justices J.B. Pardiwala and R. Mahadevan held in Elegna Co-operative Housing Society v. Edelweiss ARC that once a financial debt and default are established, admission under Section 7 of the IBC is mandatory — viability, prejudice to homebuyers, and creditor motive are wholly extraneous. A digest of the disposition, the doctrinal lineage from Innoventive through Vidarbha to M. Suresh Kumar Reddy, and what the homebuyer locus question looks like after Elegna and the companion Mansi Brar Fernandes line.