Section 12A of IBC: A welcome move for the corporate debtor
The Adjudicating Authority may allow the withdrawal of application admitted under section 7 or section 9 or section 10 on an application made by the applicant.
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Does RERA Authorities need more powers to settle the matters?
The officials feel that there is a need of having a few more powers which will enable the RERA Authority to issue certain directions.
Recovery of Money through Insolvency Laws
If any company is not making the payment as per agreed terms, then an insolvency petition may be filed u/s 7 or 9 based upon the facts, before NCLT to initiate the insolvency proceedings.
IBC- Rescue to the Employees
It is advised to the employees to recognize their rights under IBC and approach NCLT to recover their dues in a time-bound manner.
Execution of RERA Orders
The execution of the orders is still a far fetched process as the RERA has failed to implement the execution mechanism under the RERA.
Balancing IBC and RERA- For protection of homebuyers’ interests
Approaching RERA has been rightly helpful for the homebuyers who have not received the possession or refund of the amount paid by them to the builders or developers.
IBC- Greatest rescue for the homebuyers
If there is no assured return plan incorporated into the builder buyer agreement entered into between the homebuyer and builder then the homebuyer had to approach RERA to seek refund.
HRERA: Buyers of abandoned project have superior right to satisfy claims
Aggrieved homebuyers from the Piyush colonizer esteemed developer in the past started a housing project in the City of Faridabad, approached the HRERA bench stating their grievance.
Claims to be filed by homebuyers in case the company of builder goes under Insolvency
Homebuyers to file the claim under IBC rather than adopting a way which is not legally realistic wherein the insolvency orders are passed against the builder’s company.
Issues to be addressed in Insolvency and Bankruptcy Code
NCLT under Insolvency and Bankruptcy code, 2016, has seen many twists and turns which has led to various amendments in the law.
Insolvency Application viz-a-viz Ongoing Arbitration Proceedings
An application under section 7 filed by the Operational Creditor is barred due to pending Arbitration Proceedings as the on-going arbitration proceedings signifies the pre-existence of dispute
New IBC Ordinance effect on RERA
The purpose and the objective for Enacting IBC is different as Compared to RERA Act, which explicitly focuses in resolving land sector disputes.
Insolvency Resolution Process of Corporate Person by Operational Creditor
In this article we will discuss about the insolvency process by an Operational Creditor and extensively cover the entire topic in the most precise manner.
Insolvency and Resolution Process of Corporate Debtor
In this article we will precisely discuss about the conduct of insolvency process by corporate debtor who is also called as corporate applicant.
Insolvency Resolution Process of Corporate Person by Financial Creditor
Initiation process of Insolvency Resolution by a financial creditor in the easiest possible manner along with the time line that is required to be followed.
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