Tag: National Company Law Tribunal

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Homebuyers of 129 Projects Should Contact IRPs, Not UP-RERA

NEW DELHI: The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has released a public advisory following the admission of 129 real estate projects from 14 developers into the Corporate Insolvency Resolution Process (CIRP) at the National Company Law Tribunal (NCLT) from January 2024 to the present. As insolvency proceedings commence, UP-RERA has instructed affected homebuyers to submit their claims exclusively to the appointed Insolvency Resolution Professionals (IRPs) for each project, as per the guidelines of the Insolvency and Bankruptcy Code (IBC). RERA jurisdiction suspended during moratorium UP-RERA stated that once a project enters the CIRP, a moratorium under section 14…

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Panel urges rapid courts for swift insolvency resolutions

The parliamentary standing committee on finance has urged the government to establish special fast-track courts temporarily while also increasing the capacity of the National Company Law Tribunal (NCLT) to address extensive case backlogs and facilitate the rescue of insolvent companies. Led by senior BJP leader Bhartruhari Mahtab, the panel has proposed an advance ruling mechanism akin to that used in the goods and services tax framework. This would provide greater certainty and help prevent disputes after litigation under the Insolvency and Bankruptcy Code (IBC). The committee presented a report titled “Review of Working of Insolvency and Bankruptcy Code and Emerging…

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ED Alleges Experion Developers Misused IBC in Land Deal

NEW DELHI: The Enforcement Directorate (ED) has accused the real estate developer Experion Developers of improperly utilizing the Insolvency and Bankruptcy Code provisions to acquire 9.3 acres of land in Gurugram’s Sector 62. As part of a Prevention of Money Laundering Act (PMLA) investigation involving Religare Finvest, the ED attached assets owned by the corporate debtor, Dignity Buildcon, which was subsequently purchased by Experion. The ED has filed a petition with the National Company Law Tribunal (NCLT) requesting a review of its May 2023 decision that permitted Experion to take over Dignity Buildcon through the insolvency procedure. The ED highlighted…

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SC Directs ED to Release V Hotels Assets to Lodha Developers

NEW DELHI: The Supreme Court has ordered the Enforcement Directorate (ED) to unfreeze 12 properties of corporate debtor V Hotels Ltd, which includes land in Maharashtra valued at approximately ₹4,000 crore. This decision marks a significant victory for Lodha Developers, which acquired V Hotels through the insolvency resolution process last year. Among the assets to be released is Mumbai’s prestigious Centaur Hotel located in Juhu. Lodha Developers, previously known as Macrotech Developers, acquired V Hotels via a ₹890-crore resolution plan sanctioned by the National Company Law Tribunal (NCLT) in April of last year. The company had deposited ₹520.80 crore as…

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Bankruptcy Court Approves Ansal API Affiliate for Insolvency

The National Company Law Tribunal (NCLT) has initiated the corporate insolvency resolution process (CIRP) for Katra Realtors, following a petition filed by IL&FS Financial Services Ltd. Situated in Delhi, Katra Realtors had acted as a corporate guarantor for Ansal Properties and Infrastructure (Ansal API), which is presently undergoing insolvency proceedings. Ansal API has acknowledged liabilities exceeding Rs 571 crore, and IL&FS Financial Services sought recourse against Katra Realtors due to its corporate guarantee of approximately Rs 23 crore towards Ansal API. The NCLT division, comprised of judicial member Manni Sankariah Shanmuga Sundaram and technical member Atul Chaturvedi, ruled that concurrent…

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ED Seizes ₹50 Lakh Cash Over IBC Misuse in Land Sale Case

NEW DELHI: On Friday, the Enforcement Directorate revealed an incident involving the misuse of the Insolvency and Bankruptcy Code (IBC) in the land sale of an insolvent real estate firm. During recent raids, Rs 50 lakh in cash was confiscated from a lawyer at the NCLT and another individual. The federal agency stated it conducted searches on Thursday in Delhi and Gurugram as part of an investigation into Universal Build Well Pvt. Ltd. and its promoters, concerning unfinished real estate projects and alleged fraud against homebuyers and investors. The company was in a corporate insolvency resolution process. The National Company…

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NCLAT Upholds Order to Recall Logix Infra Insolvency Case

NEW DELHI: The NCLAT has affirmed the National Company Law Tribunal’s (NCLT) decision to rescind its earlier ruling regarding an insolvency case against Logix Infrastructure, labeling the debt claim as “fraudulent” and “malicious”. A two-member NCLAT bench noted that the plea for the Corporate Insolvency Resolution Process (CIRP) against Logix, which is developing the Blossom County project in Noida Sector 137, is grounded in collusion and lacks integrity. “Given the facts of this case, we see no errors in the NCLT’s orders allowing the Section 65 application from the Respondents. Thus, reversing Section 7 proceedings does not constitute a review…

Latest StoriesRegulatory

SC Urges IBC Reform, Seeks Revival Fund for Real Estate

The Supreme Court, on Friday, called for significant reforms in the Insolvency and Bankruptcy Code to regain trust in the regulatory framework. The Court also urged the government to create a revival fund to finance distressed real estate projects that are undergoing insolvency proceedings. The bench, composed of Justice J.B. Pardiwala and Justice R. Mahadevan, emphasized that the Right to Housing transcends mere contractual obligations, forming a core aspect of the Right to Life under Article 21 of the Indian Constitution. The government cannot adopt a “mute spectator” stance and must protect the interests of homebuyers and the economy. Insanity…

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NCLT Declares Ex-DHFL Chairman Bankrupt Over ₹4,546 Crore

Sure! Here’s a rewritten version of the provided content: MUMBAI: The National Company Law Tribunal (NCLT) in Mumbai has declared Kapil Wadhawan, the former chairman of the now-defunct Dewan Housing Finance Corp (DHFL), bankrupt, following a petition filed by Union Bank of India to recover ₹4,546 crore. The bankruptcy order was passed on August 14 after Wadhawan did not submit a repayment plan, despite multiple attempts by resolution professionals. The tribunal appointed Sanjay Kumar Mishra as the bankruptcy trustee to oversee the proceedings. “The bankrupt (Wadhawan) must provide his statement of financial position to the Bankruptcy Trustee within seven days…

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Lucknow: LDA Takes Charge of South City, Ends Unitech Deal

LUCKNOW: The Lucknow Development Authority will take over the development of South City following the termination of its 37-year agreement with Unitech Builders. The authority plans to complete outstanding civic projects, including roads, drainage, parks, and other amenities, funded by selling properties still owned by the group. This decision, proposed during a board meeting on August 5, received approval from board members. Residents, some of whom invested in the township decades ago, can breathe easier as they have long awaited vital services. Work will commence after required administrative approvals and property evaluations are finalized. The original agreement, signed on July…