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Blogs - Adv. Asmita Chaudhary Nagpal, Author at Centrik

CentrikArticles by: Adv. Asmita Chaudhary Nagpal

Author: Adv. Asmita Chaudhary Nagpal

If Development Work is Pending, It would be ongoing projects: Allahabad High Court

Posted by Adv. Asmita Chaudhary NagpalPosted on November 19, 2020November 20, 20200 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, RERA ConsultingTags Aggrieved Allottees, Builder to Handover the Possession, buyers filed complaint before the UPRERA, Decisions by UPRERA Authority, definition of an Ongoing Project, Delay in Possession, Delayed Penalty Interest, Difference between ongoing projects and pending projects, handover the possession, handover the possession by the builder, Interest on the delayed completion of the project, issue of completion certificate, UPRERA Authority

Every project where the development work is still not completed at the time of the commencement of the RERA Act, will be considered as an ongoing project whether or not the application for completion certificate is filed before a competent authority.

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How to Choose Best Legal Firm for Joint Insolvency Petition By Homebuyers

Posted by Adv. Asmita Chaudhary NagpalPosted on September 24, 2020September 24, 20200 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Legal OutsourcingTags Best Insolvency Experts Near me, Best Insolvency Firm Near Me, Choose Best Legal Firm for Insolvency, Filing a Joint Application before NCLT under IBC, Filing a Joint application by Homebuyer, Filing a joint petition before NCLT under IBC Laws, insolvency proceedings, Insolvency process for Real Estate Industry, NCLT under IBC Laws, Process under RERA Laws

Homebuyers while filing the joint petition before NCLT under IBC laws, should chose the legal firm very carefully.

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Points to remember while filing a case for homebuyers under the newly amended section 7 of IBC

Posted by Adv. Asmita Chaudhary NagpalPosted on September 15, 2020September 15, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016, RERA ConsultingTags corporate debtor under IBC, Delay in the Possession, file joint application against the Builder, filing a petition for the homebuyers under IBC, Filing the petition before NCLT, Grievance against the defaulting Builder, Grievances against the defaulting corporate debtor, Homebuyers under the newly amended Section of IBC, Insolvency and Bankruptcy Code 2016, points that homebuyers needs to keep in mind before filing petition, RERA under IBC

There are certain points which are to be taken into consideration whilst filing a petition for the homebuyers under the newly amended Section 7 of IBC.

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Implications of cheque bounce under Insolvency Laws (IBC)

Posted by Adv. Asmita Chaudhary NagpalPosted on July 29, 2020July 29, 20200 CommentsCategories All About GST, All For Startup, Business Advisory, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Outsourcing, Project Funding, Registration And Compliance, Tax Advisory, Tender ServicingTags Cheque Bounce under Insolvency Laws, cheque bouncing, CIRP against the corporate debtor, CIRP under IBC, corporate insolvency procedures, Financial Creditor filed a case under Section 7 of IBC, IBC Laws for Cheque Bounce, Insolvency and Bankruptcy Code, insolvency proceedings, insolvency proceedings against the corporate debtor, non payment of funds, Petition for initiation of CIRP under IBC, petition under IBC

Cheque bouncing is also the default in making payment of debt, and petition under IBC laws may be admitted

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All About- Moratorium and its relevance under IBC

Posted by Adv. Asmita Chaudhary NagpalPosted on March 31, 2020April 1, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016Tags assets of the Corporate Debtor, case pending before supreme court, corporate debtor, date of declaration of the moratorium, insolvent company, Moratorium and its relevance under IBC, Moratorium under IBC, pendency of proceedings against the Corporate Debtor, petition against the Corporate Debtor, petition filed against the company, provisions of the IBC, Punishment for Violation of Moratorium, recovery against the Corporate Debtor, Recovery under SEBI

The term Moratorium is nowhere defined in the Code, however, the term in basic parlance means, ”a stopping of activity for an agreed amount of time”. 

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Decree-Holder is not covered by threshold of Home Buyers for IBC

Posted by Adv. Asmita Chaudhary NagpalPosted on March 31, 2020March 31, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016, RERA ConsultingTags approach NCLT against a builder, claim of the Financial Creditors, file the case against builder under IBC laws, homebuyer having refund order from RERA, homebuyers to initiate the insolvency process, RERA authority directed the corporate debtor to refund the principal amount, threshold of Home Buyers for IBC

In the case of Ashok Tripathi and Anr Vs. Ansal Properties and Infrastructure Ltd. that a decree-holder/homebuyer having refund order from RERA or other courts shall not be deemed as a homebuyer but a financial creditor.

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Decisions taken by the committee of Creditors are Business plans which are Non-Justiciable: NCLAT

Posted by Adv. Asmita Chaudhary NagpalPosted on March 28, 2020March 28, 20200 CommentsCategories Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016Tags approval of the resolution plan, corporate debtor under IBC, creditors of the insolvent company, decision making power of the Committee of Creditors, Decisions taken by the committee of Creditors, rejection of the resolution plans, resolution plan approved by the COC

As per the settled law there is no law or provision which states that either the Adjudicating or the Appellate Authority has the powers to question the resolution plan approved by the COC until and unless the same is barred by some irregularity. 

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Are Builders more threaten by NCLT proceedings than RERA?

Posted by Adv. Asmita Chaudhary NagpalPosted on December 15, 2019December 20, 20190 CommentsCategories RERA ConsultingTags Builders threaten by NCLT proceedings more than RERA?, insolvency applications under the IBC, misuse of IBC provisions, NCLT proceedings against builders, remedies provided under Consumer Protection Act, remedies under RERA for homebuyers

A growing number of Builders, Developers, Promoters and stakeholders in the Real Estate Industry are backing RERA to be the first applicable redressal mechanism to homebuyers.

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How to file claim for Insolvency against Today Homes

Posted by Adv. Asmita Chaudhary NagpalPosted on September 7, 20192 Comments on How to file claim for Insolvency against Today HomesCategories Authentic Legal Advice, Debt Recovery Management, RERA ConsultingTags Best Insolvency Professionals in Delhi, How to File Claim, insolvency proceedings against builder, insolvency proceedings against company, NCLT, Step by step process for filing claim, Today Homes Noida Private Limited, Top RERA Experts in Delhi

The claims can be filed before the Resolution Process will be closed, but in the same case, the Creditor cannot become a part of the COC without filing the claim.

2 Comments on How to file claim for Insolvency against Today Homes
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How Insolvency can be initiated by corporate debtor against itself?

Posted by Adv. Asmita Chaudhary NagpalPosted on August 1, 2019December 5, 20190 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags documents required for filing application for corporate insolvency, insolvency petition by corporate debtor, Process of corporate insolvency commence, process of corporate insolvency of a corporate person, What is the format and fees for the application for corporate insolvency?, when can application for corporate insolvency admitted?, who can not make an application for corporate insolvency, why application for corporate insolvency rejected?

How can a corporate person file for insolvency? the insolvency process for section 10 application, the fees, documents required and other details required to file such an insolvency petition.

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Latest Blogs

  • UP RERA missing the mark in securing Recovery Certificates December 28, 2020
  • Villagers take over Today Homes Canary Greens project in Gurugram December 28, 2020
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