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Blogs - Corporate Litigation-All In Way Archives - Page 22 of 26 - Centrik

CentrikBlogsLegal AdvisoryCorporate Litigation-All In Way

Category: Corporate Litigation-All In Way

Kerala RERA warns Promoters over Marketing of Unregistered Projects

Posted by AdminPosted on September 30, 2020October 4, 20200 CommentsCategories Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags Advertisement of Unregistered Projects under Kerala RERA, Builders advertising their Unregistered Projects, Consequence of Advertisement without Registration of Projects, Issue notice under Kerala RERA, Kerala RERA, Kerala RERA Warns Promoters, Marketing of Unregistered Projects, protection of homebuyers interest, Protection of Interests of Homebuyers, RERA in Kerala, Unregistered Projects under Kerala RERA

Kerala RERA has warned promoters, agents, firms from advertising real estate projects prior to registering the project and also issued show cause notices to few developers which had indulged in such practice.

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How to handle legal notice for auction of the Real Estate Project

Posted by AdminPosted on September 30, 2020October 1, 20200 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, RERA ConsultingTags Applications from Homebuyers, Auction Notice in respect of Real Estate Projects, CIRP against the defaulting Real Estate Developer, Complaint against Bank under RERA, Homebuyer file a complaint against a bank under RERA, Interests of the Home Buyers, Issue an Auction Notice, Recovering EMIs from the Homebuyers, Relief for Homebuyers against the banks, Relief to the Home buyers, Remedies for Aggrieved Homebuyers, Stalled Real Estate Projects, Writ Petition before a High Court

The banks have started issuing an auction notice in respect of real estate projects where the builder has defaulted by not completing the construction of the project. Here we are sharing some remedies for the aggrieved homebuyers.

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Debt Restructuring a method of revival of the Real Estate Sector

Posted by AdminPosted on September 29, 2020October 1, 20200 CommentsCategories Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Debt Restructuring in India, Debt-Restructuring, Delay in the Completion of a Real Estate Project, Last-mile Funding, Reduction in Interest Rates, Restructuring of Loans, Revival of the Real Estate Sector, Stuck projects in NOIDA

The UP-RERA has now requested the RBI to consider restructuring the loans taken by the builders for the completion of real estate projects.

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Group Insolvency- The Future of Successful Resolution under IBC

Posted by AdminPosted on September 26, 2020September 28, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisory, Legal OutsourcingTags Aggrieved Homebuyers of the Amrapali Group, CIRP against a corporate debtor, CIRP under IBC, Corporate Debtors under IBC, cost-effective mechanism, Group Insolvency, Initiate Group Insolvency, relief to homebuyers, What is Group Insolvency?

It is advisable to the creditors to make a plea of initiating Group Insolvency while filing an application for initiation of CIRP against a corporate debtor.

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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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MahaRERA orders for Refund – Strikes down a Forfeiture clause as unjust and Deceitful

Posted by AdminPosted on August 28, 2020August 29, 20200 CommentsCategories Corporate Litigation-All In Way, Legal Advisory, RERA ConsultingTags Best RERA Experts In Mumbai, Interest for delay in Payment, Issue of legality of forfeiture clause, MahaRERA for Refund, MahaRERA orders for Refund, Promoter terminate the agreement on non-payment by due date, Promoter to recover interest for Delay, Recover Interest for Delay, Rights of Homebuyers, Terminate the contract with buyer in case of default in payment, Top RERA Lawyers in Maharashtra

A milestone judgement by the MahaRERA Authority to ensure the development of the real estate industry by protecting the homebuyer’s interest by balancing the rights of homebuyers as well as project developers.

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Relief for Homebuyers: RBI pushes for home loan restructuring

Posted by AdminPosted on August 28, 2020August 29, 20200 CommentsCategories Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016, Legal Advisory, RERA ConsultingTags Debt-Equity Ratio, Home Loan Restructuring, Loss of Income due to the pandemic, Non-Performing Assets, Relief for homebuyers, Restructure Home Loans without Extending the Moratorium Period, Restructuring of Loans, Restructuring options for Home Loans, What is Restructuring of Loan

Restructuring plan is a ray of hope for the borrowers. As the borrowers are already being stretched between the loan repayment and pandemic situation.

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Relief for Homebuyers! Extension of Moratorium implies no action under SARFAESI

Posted by Amar VivekPosted on May 31, 2020May 31, 20200 CommentsCategories Corporate Litigation-All In WayTags action under SARFAESI ACT, economic distress caused by COVID-19, extension of moratorium, relaxation on non-performing assets, Relief for homebuyers, resumption of economic activities

The RBI has decided to extend the moratorium period for another 3 months. This move of the RBI is laudable from the perspective of individual homebuyers.

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Reliance Communications Resolution Plan filed before the NCLT

Posted by Adv. Srishti GirdharPosted on April 17, 2020April 19, 20200 CommentsCategories Corporate Litigation-All In WayTags Corporate Debt Recovery, Financial Creditors under IBC, legal battles against corporate Debtors, legal battles against debtors, Operation Creditors under IBC, RCom Resolution Plan filed before the NCLT, resolution plan approved by the creditors, Resolution Plan filed before the NCLT, undergoing insolvency proceedings

RCom burdened with over Rs 46,000 crore of debt after the failure of its asset monetisation plans with Reliance Jio in March 2019 is undergoing insolvency proceedings with its assets up for sale.

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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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Withdrawal of money by directors during the CIRP, to attract criminal offence: NCLAT

Posted by Amarpal JakharPosted on March 25, 2020March 27, 20200 CommentsCategories Corporate Litigation-All In Way, Insolvency & Bankruptcy Code 2016Tags Corporate Debtor under IBC in India, directors failed to refund the money, Directors of insolvent companies, financial distress, illegal money withdrawal from the accounts of the Corporate Debtor, Insolvency and Bankruptcy Code, non-withdrawal of money, Petition filed against corporate Debtor, petition under IBC, Withdrawal of money by directors during the CIRP

Withdrawal of money by a Company director from the accounts of the company during the CIRP, the same will attract criminal proceedings against the Directors

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LokSabha Clears Heavily Contested IBC Amendment Bill 2020

Posted by AdminPosted on March 11, 2020March 12, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, RERA ConsultingTags CIRP under IBC, corporate debtor under IBC, Financial Creditor can file an application for initiating CIRP under IBC, Homebuyers against the ordinance, IBC Amendment Bill 2020, provisions under IBC, Recovery proceedings, remedies under the IBC, RERA and IBC, rights under the IBC

The LokSabha passed the IBC (Second Amendment) Bill 2019, which was first introduced by the Finance Minister Nirmala Sitharaman on 12 December 2019.

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Corporate Debtor cannot be blamed for delay in delivery of possession when delay occurs due to Force Majeure

Posted by Shriya.mehtaPosted on March 10, 2020March 12, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Corporate Debtor cannot be blamed for delay in delivery of possession, Corporate Debtor defaulted in delivering the possession, corporate debtor under IBC, Corporate Debtor under NCLT, delay in delivering possession is due to the Corporate Debtor, Developer failed to deliver the possession, Financial Creditor terminated the Agreement, proposed time for handing over the possession, Recovery of Money, refund of the total amount, Who is Corporate Debtor

Whether the delay in delivering possession is due to the Corporate Debtor & in case the delay is not due to the Corporate Debtor, but force majeure, it cannot be alleged that the Corporate Debtor has defaulted in delivering the possession.

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Does amount advanced as loan without proper proofs/documentations constitute a Financial Debt?

Posted by ShriyamehtaPosted on February 20, 2020February 21, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags claim rejected by resolution professional, definition of the financial debt, definition of the financial debt under IBC, documentations constitute a Financial Debt, filed the application before NCLT, Financial debt, financial debt under IBC, issues before NCLT, NCLT Delhi Bench, resolution professional

The matter is that in a situation where the Applicant is unable to prove the amount advanced as loan without proper documentations, such loan amount would not meet the requirements of a “Financial Debt”. 

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Role of Information Utility and NeSL in safeguarding Insolvency Process under the IBC

Posted by Adv. Srishti GirdharPosted on December 23, 20190 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Benefits of utility information to Debtors, Benefits of utility information to Financial Creditors, Benefits of utility information to Investors, Benefits of utility information to stakeholders, certificate of registration utility information, Information Utility and NeSL in safeguarding Insolvency Process under the IBC, registration of utility information, services provided by the NeSL and Information Utility

The NeSL was the first Information Utility service registered under the BBI Regulations, 2017 it is one of the three pillars of the IBC system.

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