Tag: Financial Creditor

Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court

Properties sold in auction sale prior to the commencement of moratorium cannot be treated as liquidation assets of the Corporate Debtor: Supreme Court 

Saturday December 30, 2023. BY Malavika Sachin and Shivangi Dubey | Insolvency & Bankruptcy

The Hon’ble Supreme Court (“SC”) comprising of Hon’ble Justice Aniruddha Bose and Hon’ble Justice Vikram Nath in the matter of Haldiram Incorporation Pvt. Ltd. v. Amrit Hatcheries Pvt. Ltd.[i] asserted that the properties auctioned for

Supreme Court Holds Homebuyers Who Secure Decree under RERA Are Not Different from Other Financial Creditors Under IBC

Wednesday November 22, 2023. BY Shivangi Dubey and Darshna Velani | Real Estate

In a notable judgment[1], the Hon’ble Supreme Court (“SC”) held that homebuyers cannot be treated differently from other ‘financial creditors’ under the Insolvency and Bankruptcy Code, 2016 (IBC) merely on the ground of securing favorable