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Blogs - Legal Advisory Archives - Page 29 of 48 - Centrik

CentrikBlogsLegal Advisory

Category: Legal Advisory

Winding up Proceedings will not create any bar for initiation of the Insolvency Proceedings

Posted by AdminPosted on October 11, 2020October 15, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags Corporate Insolvency Resolution Process under IBC, Financial Creditor against the Corporate Debtor, Initiation of the Insolvency Proceedings, Insolvency Petition under iBC, Proceedings before the Rajasthan High Court, proceedings pending before Rajasthan High Court, Relief to the Creditors, Revival of Corporate Debtors

These two judgements would be of great importance because they have paved a way for the transfer of post-notice winding up petitions pending before the different High Courts.

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Reverse Insolvency- Legal Remedy to Homebuyers as Group to get the Project Completed

Posted by Adv. Srishti GirdharPosted on October 9, 2020October 9, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, RERA ConsultingTags Builder companies go Insolvent, CIRP is initiated against the Developer, Difficulties faced by Homebuyers, Financial Creditors under IBC, Group of Homebuyers file an application before NCLT, Group Reverse Insolvency, How RERA is Effective?, Legal Remedy for Homebuyers if Builder company go insolvent, Legal remedy to protect the interest of all homebuyers, What is Reverse Insolvency, Who are Financial Creditors?

The reason for stalling of a project can be one or many but the real objective for a homebuyer is to get the best possible remedy which protects the interest of all homebuyers of such a project.

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SECTION-8 OF RERA Vs. REVERSE INSOLVENCY

Posted by Adv. Srishti GirdharPosted on October 8, 2020October 15, 20200 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal Advisory, RERA ConsultingTags Concept of Reverse Insolvency, Financial Creditors under IBC, Haryana RERA, IBC vs RERA, NCLT under IBC, proceedings under IBC, Provisions of IBC, Remedy available to the Homebuyers, RERA in Haryana, RERA vs Reverse Insolvency, Reverse Insolvency Process Provided under the IBC, reverse insolvency under IBC, Top IBC Experts in Delhi NCR

Many Homebuyers are confused between RERA and Reverse Insolvency, and it’s hard to decide which one is better. So here we are explaining the concept of RERA vs Reverse Insolvency.

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PETITION BEFORE NCLT CAN BE ADMITTED EVEN IF A LIQUIDATOR HAS BEEN APPOINTED BY THE HIGH COURT

Posted by AdminPosted on October 7, 2020October 13, 20202 Comments on PETITION BEFORE NCLT CAN BE ADMITTED EVEN IF A LIQUIDATOR HAS BEEN APPOINTED BY THE HIGH COURTCategories Authentic Legal Advice, Benchmarking, Corporate Litigation-All In Way, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Project Funding, Registration And Compliance, RERA ConsultingTags appointment of IRP if OL is there, companies act vs IBC, IBC petition can be filed before NCLT, IRP vs Official liqudator, Official liquidator vs IBC

Petition before NCLT can be admitted even if official liquidator has been appointed by the High Court (Held By NCLT and Hon’ble Supreme Court)

2 Comments on PETITION BEFORE NCLT CAN BE ADMITTED EVEN IF A LIQUIDATOR HAS BEEN APPOINTED BY THE HIGH COURT
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Bombay High Court prohibit banks to recovering EMI from Homebuyers

Posted by AdminPosted on September 30, 2020October 4, 20200 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Invest In India, Registration And Compliance, RERA ConsultingTags Banks forcing the homebuyers to pay EMIs, Banks to recovering EMIs from home buyers, file a writ petition before Bombay High Court, Insolvency Proceedings against the Developer, Relief to home buyers, stuck real estate project

Homebuyers who had taken a loan from the banks to pay for their flats in the Project, were being harassed by the banks who were forcing the homebuyers to pay their EMIs.

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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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How to choose your Interim Resolution Professional (IRP) for Insolvency Process

Posted by Adv. Upmanyu KumarPosted on September 22, 2020September 24, 20200 CommentsCategories Authentic Legal Advice, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags Appoint IRP, Choose your IRP for Insolvency Process, CIRP against the corporate debtor, Duties of IRP, File a petition against a defaulting Corporate Debtor before NCLT, How to choose expert IRP, insolvency, Insolvency Resolution Professionals, IRP for Insolvency Process, IRP for the Corporate Debtor, Petitionfiled by either a Financial Creditor, What Does IRP means?, what is the role of a IRP in Insolvency Process

an Insolvency Professional having all the aforementioned requirements may be chosen as An IRP for the corporate debtor. However it may have an advantage over other IRP if the person had already dealt in that specific industry being an RP/IRP.

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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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Compliance of Recovery Certificate (RC) issued by RERA in Uttar Pradesh

Posted by Adv. Devesh SaxenaPosted on August 21, 2020August 21, 202012 Comments on Compliance of Recovery Certificate (RC) issued by RERA in Uttar PradeshCategories Authentic Legal Advice, Grievance Redressal, RERA ConsultingTags Builder fail to deliver the Possession, Builder refuses to return the Booking Amount, Compliance of Recovery Certificate, compliance of the RC issued by the RERA, Filing complaint with RERA, Grievances against Builders, Grievances against Developers, Procedure to Recover Land Revenue, Provisions to claim compensation, RC issued by the RERA Authority, Recovery of Land Revenue, recovery process in compliance of the Recovery Certificate, Top RERA Lawyers in Uttar Pradesh, What if RC is not recovered

An allottee can write a representation addressed to the DM explaining his grievance and praying for the compliance of the RC issued by the RERA within a specified period of time.

12 Comments on Compliance of Recovery Certificate (RC) issued by RERA in Uttar Pradesh
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REVERSE INSOLVENCY – GOOD FOR ALL (HOMEBUYERS & BUILDER)

Posted by Amarpal JakharPosted on August 8, 2020August 8, 20200 CommentsCategories Authentic Legal Advice, Benchmarking, Business Advisory, Cross Border Advisory, Debt Recovery Management, Government Advisory, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Advisory, Legal Outsourcing, Project Funding, Registration And Compliance, RERA ConsultingTags diversion of funds, Financial Creditor under IBC, NCLT to initiate the CIRP, Provisions of IBC, reverse CIRP against a real estate company, Reverse CIRP NCLAT, Reverse CIRP under IBC, reverse corporate insolvency process, Reverse Insolvency, reverse insolvency under IBC, right of homebuyers, What is Reverse Insolvency

Reverse Insolvency Under IBC laws, seems best solution for struck real estate projects and Reverse Insolvency concept is kind good for both homebuyer and builder

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