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Blogs - Business Advisory Archives - Page 3 of 56 - Centrik

CentrikBlogsBusiness Advisory

Category: Business Advisory

Whether Agreements/Contracts by Banks are consistent with Articles 14, 19 and 21 of the Constitution!

Posted by AdminPosted on September 22, 2022September 30, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, Registration And Compliance, RERA ConsultingTags article 14 of indian constitution, article 21 of indian constitution, Banking regulation act, Contracts by Banks, Contracts of Adhesion, Levison and Anr. v. Steam Carpet Co. Ltd, LIC of India vs Consumer Education & Research Centre

In Banking Industry, the Borrower is not in a position to negotiate the Terms of the Loan Agreement, especially in cases of Home Loans, hence there is inequality of Bargaining power among Home Buyers.

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Breach of the settlement agreement is not a ground to invoke CIRP

Posted by Adv. Niraj ChamyalPosted on September 18, 2022September 24, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA ConsultingTags Bajaj Rubber Company Pvt. Ltd V/s Sasraswati Timber Pvt. Ltd, Breach of settlement, breach of settlement agreement india, CIRP against the corporate debtor, cross border insolvency, how to enforce settlement agreement, Insolvency and Bankruptcy Act, nclt settlement agreement, petition under Section 9 of the IBC, settlement agreement operational debt

Hon’ble NCLT Delhi held that the breach of the Settlement Agreement by the parties does not fall within the ambit of Operational Debt provided under Section 5(21) of the Insolvency Bankruptcy Code, 2016.

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Why are Homebuyers choosing NCLT over RERA?

Posted by Advocate Chetna BishtPosted on September 17, 2022September 24, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, RERA ConsultingTags buyers are approaching NCLT, claim refunds with interest, compensation against the Builder, Home Buyers under NCLT, homebuyers are financial creditors, Homebuyers as Financial Creditors under IBC, Homebuyers under IBC, IBC for Home Buyers, IBC under NCLT, NCLT under IBC, possession with delayed interest from Builders

Buyers say that RERA orders are not getting implemented and this is forcing them to approach NCLT and there is a need to check abuse and maximize the value of assets.

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Apex Court redefines the ambit of the definition of a consumer with reference to commercial transactions

Posted by shravyapathakPosted on August 22, 2022September 2, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags commercial customer definition, commercial transactions law, consumer complaint before NCDRC, Consumer Protection Act, File an appeal before Supreme Court, Recovery proceedings, recovery suit before DRT, Respondent Bank filed a recovery suit before DRT, what is commercial transactions

It was held that the Consumer Complaint of the appellant is not maintainable as the appellant is not a consumer as per section 2(1) d of the Consumer Protection Act,1986.

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Whether the license fee can be claimed as Operational Debt

Posted by AdminPosted on August 16, 2022August 19, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags Claim for recovery of License Fee, Claim towards License Fee, corporate debtor under IBC, debt claimed by the Operational Creditor, Insolvency and Bankruptcy Code, license fee can be claimed as Operational Debt, Non-Payment of License Fee, OC issued a Demand Notice, operational debt and financial debt, Operational Debt under IBC, Unpaid License fee is the Operational Debt, Unpaid License Fees, what is debt under IBC, What is Operational Debt, which is not an operational debt

In the present case, debt pertaining to unpaid license fee was fully covered within the meaning of ‘operation debt’ under Section 5(21), and the Adjudicating Authority committed an error in holding that the debt claimed by the Operational Creditor is not an ‘operational debt’

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Resolution Plan has to be completed within the stipulated period

Posted by Advocate Chetna BishtPosted on August 12, 2022August 14, 20220 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags 330 days IBC not mandatory, CIRP and IBC, CIRP under IBC, corporate insolvency resolution process, extension of CIRP beyond 330 days, Insolvency and Bankruptcy Code, insolvency resolution process of a Corporate Debtor, Resolution Plan has to be completed, time limit for completion of liquidation process, time limit for receipt of claim of creditors by the liquidator

As per proviso to Section 12 of the IBC, the insolvency resolution process shall mandatorily be completed within a period of 330 days from the insolvency commencement date, including any extension of the period of CIRP granted under Section 12 of the IBC.

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SC imposes a penalty of ₹5 Lakhs on the petitioner seeking an alternative to Supertech Twin Towers Demolition

Posted by khyatikhemkaPosted on August 11, 2022August 14, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, Registration And Compliance, RERA ConsultingTags case of Public Interest Litigation, Noida Supertech twin towers, penalty on petitioner, Petition under Article 32, supertech twin tower case, supertech twin tower judgement, Supertech Twin Towers Demolition, Supreme Court Judgement on Supertech Twin Towers Demolition, Supreme court latest decision on supertch twin towers, Why twin towers in Noida being demolished?

SC Imposes penalty of Rs.5 lakhs and directed the same to be deposited within 4 days to the SC registry. The amount will be transferred to Supreme Court Bar Association (SCBA) to be used for the welfare of families affected by Covid.

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Is the Principle of Natural Justice applicable to the Insolvency and Bankruptcy Code, 2016? 

Posted by AdminPosted on July 22, 2022July 25, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags CIRP of the Corporate Debtor, insolvency against government company, Insolvency and Bankruptcy Code, latest supreme court judgement on insolvency, NCLT order on Natural Justice, principles of natural justice, Revised Resolution Plan before the CoC, SC judgement on IBC

The actions of the CoC by not accepting the Applicant’s Resolution Plan were void in nature and held that the Applicant must be given a fresh opportunity to participate in the process of submission of the Resolution Plan.

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Land Allotment Cancellation over Non-Payment of Dues, Red Alert for the Developers

Posted by Sidra Khalid KhanPosted on June 19, 2022June 21, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags Ajnara loses land over non-payment of dues, Ajnara Realtech loses Greater Noida land, Land Allotment Cancellation, Land Allotment is cancelled, Land allotment to Ajnara Realtech cancelled, Non-Payment of Dues

the Yamuna Expressway Industrial Development Authority had cancelled the allotment of ‘Panorama’ in Sector 22A over non-payment of dues of Rs 46.8 crore.

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Consumer court have the power to direct refund and compensation in case of delayed delivery of the apartment

Posted by KrishnapriyaPosted on June 16, 2022June 21, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags case of a dispute home buyers, consumer dispute, Consumer Protection Act, Consumer Protection Act and the RERA Act, Insolvency and Bankruptcy Code, Legal remedies available for Home Buyers, National Consumer Dispute Redressal Commission, RERA Complaint

The Consumer Protection Act is a wide-ranging provision and it is not a specific resolution like the Insolvency ad Bankruptcy Code and the remedies are simultaneously and mutually exclusive.

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Trademark Registration and Protection against its Infringement

Posted by Amit_krPosted on June 5, 2022June 5, 20220 CommentsCategories Authentic Legal Advice, Legal Advisory, Registration And ComplianceTags administrative remedies for infringement of trademark, Infringement of Trade Mark, infringement of trademark cases in india, legal action against the infringer, remedies for infringement of trademark, remedies for unregistered trademarks, Right of Trademark Holder, Trademark infringement, Trademark Registration, types of trademark infringement

The trademark is Intellectual property and every property must be registered in the name of its owner, and here the brand name is Intellectual property of the owner which comes from the intellect of the owner.

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Limitation is continuous in cases of Homebuyers

Posted by Adv. Asmita Chaudhary NagpalPosted on June 4, 2022June 5, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags Builder-Buyer Agreement, case of homebuyers, continuous cause of action consumer protection act, corporate insolvency resolution process, Grievances of the Homebuyers, home-buyers as financial creditors, homebuyers and builders, homebuyers in the CIRP, Homebuyers under IBC, Insolvency & Bankruptcy Code, possession is handed over to the homebuyer, RERA judgements in favour of builders, rights of homebuyers under ibc

If a homebuyer failed to file his/her case then will his/her case will not be taken and his grievances won’t be solved? The answer to this question is “NO”! The reason here is that the limitation period in the case of a homebuyer is continuous in view of the non-handing over of the possession of the unit.

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Pre-Deposit is Mandatory for Filing Appeal U/Sec 43(5) RERA

Posted by AdminPosted on June 3, 2022June 5, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags allottees approached RERA, appeal against RERA Appellate Tribunal, appeal against RERA order in High Court, judgment on section 43(5) of RERA act, latest supreme court judgement on RERA, Pre-Deposit is Mandatory for Filing Appeal, promoter files an appeal, registered under the RERA, RERA appeal deposit, RERA applicable on ongoing projects, RERA landmark judgements

The Appellate Tribunal recorded its dissatisfaction to the effect that the appellant has not complied with provisions of Section 43(5) of the Act, 2016 and has not deposited the balance amount.

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Mechanism to protect Micro and Small Enterprises from delayed payment

Posted by Amit_krPosted on May 24, 2022May 31, 20220 CommentsCategories All For Startup, Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags Delayed payments, Delayed payments to MSME, documents required for msme samadhaan, is msme samadhaan effective, msme payment within 45 days notification, MSME Samadhaan, Procedure to recover debt, Protection against the delayed payments, Recovery of debt under MSME, what are the guidelines for delayed payment of dues to the MSME borrowers

Recover the money against the supply made along with interest notified by the Reserve Bank of India (RBI) if any company make the payment after 45 day of acceptance of goods and service from any MSME’s vendor.

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Do NCLT is vested with the power to classify a transaction as a “preferential transaction”!

Posted by Adv. Niraj ChamyalPosted on May 23, 2022May 27, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags CIRP under NCLT, converted operational debt into financial debt, executing the loan agreement, Liquidator before AA, Memorandum of Understanding, NCLT process flow chart, Powers of NCLT, preferential transactions under IBC, related party under IBC, Role of NCLT under IBC, Transaction as third party, undervalued transactions under IBC, Undervalued transactions under Section 45

The Hon’ble NCLAT, Principal Bench, New Delhi held that the IBC does not vest the power to NCLT to Suo-moto classify a transaction as Preferential Transaction under Section 44 r/w Section 45 of IBC.

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