The Limitation Act will be applied upon any application or petition or claim or appeal is filed before the adjudicating authority or tribunal i.e. NCLT or NCLAT.
Liabilities of the directors or Promoters or partners during or before the Insolvency Resolution Process
The powers of the management of controlling the assets of the Corporate Debtor or Company is transferred to the Resolution Professional or the liquidator as the case may be.
RERA ordered refund even if there is a dispute between builder and land owner
The RERA ordered the builder to refund the entire principal amount along with interest of 15% per annum to be compounded quarterly from the dates of deposit to the date of refund should be refunded in three instalments by the company
Role of RERA Authority for Completion works
The matter of Shubhkamna in Greater Noida wherein the Authority has asked for a plan for the association of buyers to facilitate the complete works of the remaining project.
Insolvency proceedings by Allottee/Homebuyer
The insolvency and bankruptcy code, 2016 has seen many ups and downs since the enactment but out of all the most long and debatable topic or issue concerning law was pertaining to the rights of Home buyers/Allottee under the code.
Persons upon whom the Insolvency code is applied
The code is not applicable to corporates in finance sector. Thus no petition shall be entertained by NCLT filed against Banks, Financial Institutions, Insurance Company, Asset Reconstruction Company, Asset Reconstruction Company, Mutual Funds, Collective Investment Schemes or Pension Funds.
When can Insolvency proceedings commence?
When the corporate debtor starts making default in the payment of the amount to its creditors and it goes on for some time, subsequently that corporate debtor/company is deemed as insolvent.
Defense by the Corporate Debtor
In case of financial creditor being an applicant to the insolvency process, an application would be made to Adjudicating Authority and a copy of such application would be sent to the corporate debtor.
GujRERA: RERA Complaint Redressal in Gujarat
The Gujarat RERA has been able to solve the grievances of more than 65 Complainants by disposing off their cases in fast track manner within a tenure of one year only.
An overview of RERA implementation in Gujarat
After the implementation of the RERA Act, the State of Gujarat has notified its final Gujarat RERA Rules, 2017 on 29.10.2016 which prescribes regulation, form and process.
Who all are Operational Creditors
operational creditors are those creditors where liabilities arise from transactions on operations.
Haryana RERA Tribunal-Procedure for Appeal
Section-44 of the RERA Act, 2016 lays down the detail procedure for filling of an appeal in case of any dissatisfaction at the first court of instance i.e. RERA.
RERA or IBC-Under which law Homebuyers are well protected?
RERA or IBC- Both the laws provides with the subjective approach depending upon the facts of the case and the situation of the developer.
RERA: Where No Builder-Buyer Agreement is Signed
Although, the home-buyers are taking a sigh of relief but what if there is no Builder-Buyer agreement executed between the Builder and buyer.
RERA: Filing of RERA Complaint as an Association
Filing of RERA complaint as an association is feasible when there are common grievances to be redressed for.
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