Homebuyers’ maintenance societies, RWAs can’t intervene in insolvency process of developer firm: SC

The Supreme Court on Thursday ruled that homebuyers’ societies or Resident Welfare Associations (RWAs) ordinarily constituted for maintenance and management of common facilities in a housing project cannot intervene in the insolvency proceedings of the developer company. A bench of justices JB Pardiwala and R Mahdevan, which upheld the insolvency proceedings related to Takshashila Heights…

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SC: RWAs Can’t Intervene in Developer Insolvency: Rediff Moneynews

Supreme Court rules RWAs can’t intervene in insolvency of developer firms. Upholds IBC code, protects homebuyer rights. New Delhi, Jan 15 (PTI) The Supreme Court on Thursday ruled that homebuyers’ societies or Resident Welfare Associations (RWAs) ordinarily constituted for maintenance and management of common facilities in a housing project cannot intervene in the insolvency proceedings…

CIRP Admission Mandatory on Default; Housing Societies Lack Locus to Intervene in Section 7 Proceedings: Supreme Court

The Supreme Court of India has upheld the initiation of the Corporate Insolvency Resolution Process (CIRP) against a real estate developer, ruling that the admission of a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) is mandatory once the existence of a financial debt and default is established. The Court further…

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NCLT Dismisses Restoration Application [Read Order]

The National Company Law Tribunal (NCLT), Kolkata Bench, dismissed a restoration application filed by the applicant, holding that a delay beyond 30 days cannot be justified as counsel’s inaction. Implex Metal & Ferro Alloys Ltd. was admitted into the Corporate Insolvency Resolution Process (CIRP) in March 2018 on a petition by the State Bank of…