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Paradigm Of Real Estate Insolvencies, Judicial Trends, Challenges And Roadblocks, CIRP, IBBI

The Corporate Insolvency Resolution Process (“CIRP”) of a real estate company is fairly divergent from other sectors. The stressed real estate company may have multiple projects that may be at...

Delhi , India , Switzerland , Gurgaon , Haryana , Swiss , Umang-realtech , Anju-agarwal , Ajai-kumar-gupta , Manish-kumar , Ambika-prasad-sharma , Ram-kishor-arora

Reverse Insolvency For Realty Yet To Take Shape

Reverse Insolvency For Realty Yet To Take Shape
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India's Insolvency and Bankruptcy Code is not working; here's what's going on

The insolvency and bankruptcy code simply isn't working, despite dozens of amendments and good intent. An inside look at its flaws, and how to make it work - Issue Date: Aug 06, 2023

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Tailored framework for real estate insolvency resolution  - The Hindu BusinessLine

Tailored framework for real estate insolvency resolution  - The Hindu BusinessLine
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NCLAT's Imagination – Laudable or Unpalatable? | Asian Legal Business


India’s Insolvency and Bankruptcy Code (IBC), introduced in 2016, has certainly provided a lifeline to struggling companies. However, while its effectiveness is undeniable, one can see that the IBC does not distinguish between businesses, or adapt its remit to the unique needs of certain sectors. Is this equal treatment acceptable, or must the IBC trans-form into a sector-specific law, consider the ground realities and concerns of all stakeholders?
 
The National Company Law Appellate Tribunal (NCLAT), while hearing Flat Buyers Association Winter Hills – 77, Gurgaon Vs Umang Realtech Pvt. Ltd through IRP & Ors acknowledged that in light of the distinctiveness of the real estate sector, the IBC-recommended Corporate Insolvency Resolution Process (CIRP) was possibly not conducive to the respondents. Taking a rather inventive approach, outside the scope of the CIRP, the tribunal permitted a promoter to disburse funds to Umang, albeit as a lender. The tribunal particularly emphasized the necessity of restricting the invocation of resolution process to only the defaulting project of the real estate company, as opposed to dragging the entire company and all its projects in.

Gurgaon , Haryana , India , Umang-realtech , Buyers-association-winter-hills , Real-estate-regulatory-authority , National-company-law-appellate-tribunal , Bankruptcy-code , Flat-buyers-association-winter-hills , Gurgaon-vs-umang-realtech , Corporate-insolvency-resolution-process , குர்கான்