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CIRP

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In a blow to real estate borrowers, the Bombay High Court has ruled that a single mortgage securing multiple loans counts as separate transactions, forcing Mumbai developer Neepa Real Estates to pay an extra ₹72 lakh in stamp duty and penalties on ₹625 crore worth of loans.

Homebuyers Win Back Route to MahaRERA, But Tribunal Limits Refund to Principal Only

In the stalled “Ten BKC” project case, the Appellate Tribunal has remanded the matter back to MahaRERA for execution, affirming that homebuyers will recover only their principal investment, not the interest earlier granted. The ruling underscores that IBC prevails over RERA when a developer enters insolvency.
Maharashtra Real Estate Appellate Tribunal upholds RERA exemption for projects on land under 500 sq m, even with over 8 units, denying buyers access to authority remedies for possession delays. Discover the key provisions and what options remain for affected flat owners.

HDIL Insolvency Proceedings Stall MahaRERA Complaint – Homebuyers Left in Limbo

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has adjourned complaints filed by homebuyers against HDIL sine die due to the insolvency moratorium mandated under the Insolvency and Bankruptcy Code (IBC). The decision was held by Ravindra Deshpande on August 20, 2019, leaving homebuyers in uncertainty as they await resolution through the ongoing Corporate Insolvency Resolution Process (CIRP).
MahaRERA Order

NCLAT Ruling: Claims Arising Post-CIRP Cannot Be Entertained by Resolution Professionals

NCLAT has established that any claims emerging after the initiation of the Corporate Insolvency Resolution Process (CIRP) cannot be accepted by Resolution Professionals. The ruling came in the case of Gujarat Urja Vikas Nigam Ltd. vs. Mr. Udayraj Patwardhan, addressing the legality of a terminated Power Purchase Agreement during the insolvency process. The tribunal emphasized that claims must be filed in accordance with the CIRP commencement date, reinforcing the framework of insolvency law.