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Blogs - Legal Advisory Archives - Page 31 of 48 - Centrik

CentrikBlogsLegal Advisory

Category: Legal Advisory

New IBC Amendments in work likely to benefit creditors in cases of Cross Border Insolvency

Posted by Priyanshi JaiswalPosted on February 23, 20200 CommentsCategories Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Agreements to resolve insolvency proceedings, benefits to creditors in Cross Border Insolvency cases, cases of Cross Border Insolvency, corporate debtor under IBC, Corporate Debtor under IBC in India, cross border insolvency processes, Insolvency laws, insolvency proceedings, New IBC Amendments, what is cross border insolvency proceeding?

The IBBI has disclosed that work is in progress to amend the IBC to make it compliant with cross border insolvency processes.

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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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Time to exercise Suo Motu Powers by MahaRERA– An Analysis

Posted by ShriyamehtaPosted on January 17, 2020January 17, 20200 CommentsCategories Authentic Legal Advice, RERA ConsultingTags can Suo Motu action be taken against Developers, Effect of Suo Motu Powers on Homebuyers, effects of Suo Motu Powers on the Homebuyers, instance of suo motu action by maharera, MahaRERA orders against errant developers, reason for exercising suo motu power, Suo Motu actions against the defaulting builders, Suo Motu actions against the defaulting Developers, Suo Motu Powers by MahaRERA

Explained why and how MahaRERA should implement and use Suo Motu Power and speculate about the effects of Suo Motu Powers on the homebuyers.

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Sole proprietary Firm Cannot Initiate Insolvency

Posted by Amarpal JakharPosted on January 2, 20200 CommentsCategories Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags absence of an arbitration agreement, Can Sole proprietary Firm Initiate Insolvency?, corporate insolvency resolution process, debt claim under dispute, refused insolvency proceedings by the NCLT, Sole proprietary Firm

Initiation of the Corporate Insolvency Resolution Process can be done in the name of the Individual who is the owner of a Sole Proprietorship.

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Decline in NPAs Make Banking Sector Profitable in 7 Years

Posted by Adv. Upmanyu KumarPosted on January 1, 20200 CommentsCategories Debt Recovery Management, Legal Advisory, Tax LitigationTags Indian Banking Sector, Non-Banking Financial Companies, progress of banking in India, provisioning for NPAs made banking sector stagnant, trends of banking in india

Fall in Non-Performing Assets and Stressed Assets of the Indian Banking Sector have finally resulted in a profit for the first time in 7 years.

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Revival of Construction Project from Insolvency

Posted by AdminPosted on December 30, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags case of liquidation, Financial Creditors under the IBC, homebuyers approaching NCLT, IBC, IBC under NCLT, NCLT, NCLT under IBC, projects under insolvency proceedings, revival and completion of Project, Revival of Construction Project, revival of Project being declared Insolvent, What is Insolvency

This article aims to caution and summarize the Corporate Insolvency Resolution Process with respect to buyers seeking revival and completion of Project.

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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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High Court to intervene against orders of the NCLT

Posted by sangeetiPosted on December 20, 2019December 20, 20190 CommentsCategories Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags best lawyers in Karnataka, corporate insolvency proceedings under the IBC, corporate insolvency process, High Court to intervene against orders of the NCLT, Insolvency professionals in Karnataka, ongoing insolvency proceedings of the Corporate Debtor, powers of the NCLT under IBC, provisions of moratorium under the IBC, undergoing insolvency proceedings

A judgement has been held by Hon’ble Supreme Court that the powers of the NCLT under the IBC do not extend to adjudicating disputes relating to quasi- judicial or statutory authorities.

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Creditors Recover of INR 3.75 Lakh Crore in 1.6 years at IBC/NCLT Pre- Admission Stage

Posted by Priyanshi JaiswalPosted on December 17, 2019December 20, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags application filed under IBC, cases admitted by the NCLT, Claims against the corporate debtors, creditors can get claims from the debtor company, Creditors Recover money from IBC and NCLT, IBC laws, Insolvency and Bankruptcy Laws, insolvency proceedings, Litigation Proceedings, recovery of money by the creditors

The recovery rate has increased almost three times i.e. from 26.5% in 2018 to 71.6% in 2019 and the time taken for recovery improved from 4.3 years to 1.6 years within a short span of one year.

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Relief for Creditors: Time taken under SARFAESI to be Excluded for Limitation Act

Posted by Amar VivekPosted on December 15, 20190 CommentsCategories Insolvency & Bankruptcy Code 2016, Legal AdvisoryTags application of Limitation Act on insolvency proceedings, application of Limitation Act over IBC, civil proceedings under SARFAESI against the Corporate Debtor, financial creditor can proceed against the corporate debtor under SARFAESI, insolvency proceedings instituted under IBC, issue of limitation over the proceeding of insolvency, proceedings under IBC, proceedings under SARFAESI, Relief for Creditors

Order deliverd by NCLAT is a relief for creditors to invoke the jurisdiction of IBC and seek appropriate redressal for their long-awaited grievances against the debtor.

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DHFL’s Insolvency: How it will affect the Creditors and Debtors in the Market

Posted by Amar VivekPosted on December 13, 20190 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016Tags Best Insolvency Professionals in Mumbai, DHFL goes insolvent, Insolvency case against DHFL, Insolvency proceedings against a NBFC, Insolvency proceedings against DHFL, Insolvency professionals in Delhi, Non-Banking Financial Sector, undergo insolvency proceedings

The institution of Insolvency proceedings against DHFL will result in Courts to venture out over new dimensions of prospective rights and liabilities of the financial service providers.

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Builder can’t force Buyer to take possession in case of Delay

Posted by AdminPosted on November 21, 2019December 12, 20190 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, RERA ConsultingTags Best lawyers in Mumbai, Builder can’t force Buyer to take possession in case of Delay, Compensation for Delay, compensation for the delay to the buyer, Delay in Possession, legal remedies for delay in project, refund once delay has been done by the builder, refund the entire paid amount with compensation for the delay in possession

NCDRC ordered a Pune based builder – Marvel Omega to refund Rs 8.14 crores along with 10% annual interest to the buyer.

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Government Announces RS. 25,000 Crore Relief Fund for Homebuyers

Posted by akshaydhawanPosted on November 16, 2019December 12, 20190 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, RERA ConsultingTags completion of pending projects, funding to RERA registered projects, government-funded stress fund for unfinished projects, NCLT against defaulting builders, Relief for homebuyers under RERA, Relief for projects under Insolvency, Relief Fund for homebuyers, RERA case against stuck projects, What is a stress Fund

The government has shown grave concern regarding pendency in the real estate sector and announced a government-funded stress fund for unfinished projects.

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How to get your Money if the builder has filed appeal against you?

Posted by Adv. Srishti GirdharPosted on November 16, 2019December 12, 20190 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, RERA ConsultingTags Appeal against the order of RERA Authority, Best Lawyers in Haryana, Best RERA Lawyers in Delhi NCR, builder has filed an appeal, How to get your Money if the builder has filed appeal against you, How to recover money, justice to the aggrieved homebuyers, pre-deposit amount of delayed interest deposited by the builder, recovery of money under RERA tribunal, Relief for homebuyers under RERA

As a aggrieved Homebuyer if builder has filed an appeal against you than don’t feel agitated rather take this opportunity to get the money through the means of RERA Tribunal using Section-43 (5).

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Consumer Forums back in the game-orders full refund in case of Delayed Possession

Posted by sangeetiPosted on November 15, 2019December 12, 20190 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Legal Advisory, RERA ConsultingTags Chandigarh consumer commission orders refund, Homebuyers can approach RERA for Possession, How to Get refund for delayed possession, How to get refund from the builder if delay in possesion, Refund on delay in possession, Relief under consumer protection act, remedies available under the Consumer Protection Act, remedy for aggrieved homebuyer if delay in project

Chandigarh consumer commission coming to the rescue of the homebuyers has been able to restore its faith among homebuyers.

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