IBC Laws

REAT-Haryana: b Real Estate (Regulation and Development) Act, 2016, Sections 2(za), 17, 34(f) and 37 – Issue was whether the allottee could claim delay possession charges where no BBA had been executed, but the promoter had already made an offer of possession before the due date of possession as computed by the Authority. Held that the Authority had computed the due date of possession as 11.06.2023, and the promoter’s offer of possession... Citation: (2026) ibclaw.in 565 REAT Read More: https://ibclaw.in/urmila-kumari-kadam-vs-y-b-builders-pvt-ltd-and-anr-haryana-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Odisha: Whether an allottee who has accepted delayed possession can seek enhancement of compensation under section 18(1) of the Real Estate (Regulation and Development) Act, 2016, and on what basis can compensation for construction defects be enhanced? Real Estate (Regulation and Development) Act, 2016, Sections 12, 14, 18(1)(a), 18(3), 19, 71 and 72; Odisha Real Estate (Regulation) Rules, 2017, Rule 26 – appeal against award of compensation – allottee having accepted possession sought enhancement of compensation for delay, defective construction, defective parking driveway and other deficiencies. Held that though the Adjudicating Officer erred in accepting the promoter’s Covid-19 explanation for delay, since the allottee had accepted possession... Citation: (2026) ibclaw.in 558 REAT Read More: https://ibclaw.in/ram-krushna-panigrahi-vs-secretary-odisha-state-housing-board-and-anr-odisha-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Odisha: Whether an allottee who has taken physical possession but whose sub-lease deed remains unexecuted due to inconsistencies in the draft deed can withdraw from the project and claim refund under Section 18(1)(a) of the Real Estate (Regulation and Development) Act, 2016? Real Estate (Regulation and Development) Act, 2016, Sections 2(k), 11(4)(f), 17(1), 18(1)(a), 19(6); Bhubaneswar Development Authority (Planning and Building Standards) Regulations, 2008, Regulation 2(25)(A) – appeal against dismissal of complaint seeking refund of total consideration and other charges on ground of inconsistencies in draft sub-lease deed after possession had already been taken. Held that though the promoter had not rectified certain inconsistencies in the draft sub-lease deed, particularly non-mentioning of... Citation: (2026) ibclaw.in 559 REAT Read More: https://ibclaw.in/pramath-nath-misra-and-anr-vs-kriday-realty-pvt-ltd-and-anr-odisha-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Maharashtra: Whether an individual allottee can maintain a complaint under Sections 11(4), 19(3) and 31 of the RERA Act, 2016 regarding non-provision or deficiency of common amenities promised in the agreement for sale? Real Estate (Regulation and Development) Act, 2016, Sections 11(4)(a), 19(3), 31 and 44 – complaint by individual allottee regarding common amenities promised under agreement for sale – Authority dismissed complaint as not maintainable on ground that only association of allottees could raise grievances concerning common areas and common amenities. Held that Section 11(4)(a) makes the promoter responsible to allottees as per the agreement for sale and Section 31 permits any... Citation: (2026) ibclaw.in 455 REAT Read More: https://ibclaw.in/sanjiv-p-chaudhary-vs-macrotech-developers-ltd-maharashtra-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Uttar Pradesh(UP): Whether a 63-day delay in filing an appeal under the Real Estate Regulatory framework can be condoned when the appellant, despite knowledge of the impugned order, applied for its certified copy only after 60 days and pleaded only consultation, collation of records and drafting as cause for delay? Real Estate (Regulation and Development) Act, 2016, Section 43(5) – Application for condonation of 63 days’ delay in filing appeal – appellant admitted knowledge of impugned RERA order from the date of its uploading on the portal, but applied for certified copy only after 60 days and thereafter relied on consultation, collation of record and drafting. Held that the explanation did not disclose sufficient cause. Referring to Inder Singh v.... Citation: (2026) ibclaw.in 570 REAT Read More: https://ibclaw.in/s-j-p-hotels-resorts-pvt-ltd-vs-arnab-das-uttar-pradesh-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Haryana: Whether an allottee whose unit was cancelled for default in payment is entitled to refund after deduction of 10% of the sale consideration and, if so, from what date is interest payable? Haryana Real Estate Regulatory Authority, Gurugram Regulations, 2018 – Regulation 11 – issue was whether, after cancellation of a unit for allottee’s payment default, refund could be ordered after deduction of 10% of the sale consideration and from what date interest was payable. Held that the Occupation Certificate having been granted on 25.07.2017 and offer of possession having been made on 18.09.2017, there was progress in construction and the offer... Citation: (2026) ibclaw.in 569 REAT Read More: https://ibclaw.in/mohit-global-servies-pvt-ltd-vs-m3m-india-ltd-haryana-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Haryana: Whether a claim for interest on account of delay in delivery of possession is maintainable after execution of the conveyance deed and whether interest on amounts paid after the due date of possession can run only from their respective dates of payment? Real Estate (Regulation and Development) Act, 2016 – Section 18(1), Section 34(f), Section 37, proviso to Section 43(5); Haryana Real Estate (Regulation and Development) Rules, 2017 – Rule 16(2) – Appeal against order awarding interest for delayed possession and directing adjustment/refund of certain charges – promoter contended that after execution of the conveyance deed no claim for delay possession charges survived and that interest on amounts paid after the due... Citation: (2026) ibclaw.in 564 REAT Read More: https://ibclaw.in/emaar-india-ltd-vs-rohit-balyan-and-anr-haryana-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

IBC Laws Today | Daily Case Laws Updates | 23 September 2026 Read More: https://ibclaw.in/ibc-laws-today-daily-case-laws-updates-23-september-2026/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Odisha: Whether an allottee who has accepted delayed possession can claim compensation under section 18(1)(a) of the Real Estate (Regulation and Development) Act, 2016, and whether compensation is nevertheless payable for defects in the flat and project and absence of occupancy certificate? Real Estate (Regulation and Development) Act, 2016, Sections 12, 14, 18(1)(a), 19, 31, 71 and 72; Odisha Real Estate (Regulation & Development) Rules, 2017, Rule 26 – Appeal against award of compensation to allottee for defects in flat, defective parking access, internal road deviation and non-obtaining of occupancy certificate – promoter contended that once possession had been delivered, complaint under Section 31 and compensation under Section 18(1)(a) were not maintainable.... Citation: (2026) ibclaw.in 561 REAT Read More: https://ibclaw.in/secretary-odisha-state-housing-board-vs-sri-ram-krushna-panigrahi-odisha-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Tamil Nadu(TN): Whether a promoter can avoid liability to provide promised potable water supply and sewerage connections on the ground that external statutory approvals and infrastructure are beyond its control, despite prior TNRERA directions and obligations under the project’s Environmental Clearance Certificate? Environment Clearance Certificate dated 14.07.2017; Real Estate (Regulation and Development) Act, 2016 – Appeal by promoter against TNRERA order imposing penalty for failure to secure potable water supply and sewerage connection as earlier directed by TNRERA. The promoter contended that no pipeline existed in the area and that special permission from NHAI and other statutory authorities was required, making performance impossible. Held that such plea could not excuse non-compliance. The... Citation: (2026) ibclaw.in 574 REAT Read More: https://ibclaw.in/radiance-realty-developers-india-ltd-and-anr-vs-selvaraju-duraisamy-and-anr-tamil-nadu-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Tamil Nadu(TN): Whether a villa project promoted with plots and common amenities, in which villas remained under construction and the project lacked project completion on 01.05.2017, is an ongoing project requiring registration under Section 3 of the Real Estate (Regulation and Development) Act, 2016 and Rule 2(h) of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017? Real Estate (Regulation and Development) Act, 2016 – Sections 2(n), 3, 43(5), 59; Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 – Rule 2(h) – Issue was whether “Prestige Silver Springs” was a mere layout project excluded from RERA or an ongoing villa project requiring registration, and whether the association was entitled to corpus fund, club membership fee, service plots and original documents. Held that the documents relied on... Citation: (2026) ibclaw.in 575 REAT Read More: https://ibclaw.in/prestige-south-city-holdings-vs-prestige-silver-springs-villa-owners-association-and-anr-tamil-nadu-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

REAT-Tamil Nadu(TN): Whether a claim for compensation under Section 18(2) of the RERA Act for alleged defective title is maintainable before the title dispute is finally decided by the High Court? Real Estate (Regulation and Development) Act, 2016, Section 18(2) – appellant sought compensation alleging defective title after an order of the Revenue Divisional Officer dated 04.07.2023 declared the project land to be Government Panchami land, while writ petitions challenging that order were pending before the Madurai Bench of Madras High Court and interim stay had been granted. Held that the right to claim compensation under Section 18(2) accrues only when... Citation: (2026) ibclaw.in 576 REAT Read More: https://ibclaw.in/lalita-krishnamurthy-vs-venkatesh-agro-estates-pvt-ltd-and-ors-tamil-nadu-reat/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-New Delhi Bench: Whether a related-party financial creditor whose admitted claim receives nil payment under a committee-approved resolution plan can challenge the plan as violative of Sections 30(2), 30(4) and 53 of the Insolvency and Bankruptcy Code, 2016? Insolvency and Bankruptcy Code, 2016 – Sections 21(2), 30(2), 30(4) and 53 – Challenge by an admitted related-party financial creditor to CoC-approved resolution plans on the ground that nil payment was provided towards its admitted claim while payments were proposed to other creditors. Held that mere admission of a claim by the Resolution Professional does not confer an absolute right to payment under a resolution plan; the extent of payment... Citation: (2026) ibclaw.in 3405 NCLT Bench: Shri Bachu Venkat Balaram Das (Judicial Member) and Mr. Ravindra Chaturvedi (Technical Member) Read More: https://ibclaw.in/meena-seth-vs-ashish-singh-rp-of-ferrous-infrastructure-pvt-ltd-and-ors-nclt-new-delhi-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Kolkata Bench: Whether, under Clause (oo) of an approved Resolution Plan, the NCLT Approval Date for implementation timelines stands extended to the date of the appellate order where a bona fide appeal materially affected implementation of the Plan even without a formal stay? Insolvency and Bankruptcy Code, 2016 – Sections 30(6), 31, 74(3); IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulation 39(5A) – Issue was whether, under Clause (oo) of the approved Resolution Plan, the implementation timelines had to run from 27.03.2025, the date of plan approval, or from 11.08.2025, the date on which NCLAT deleted observations in the approval order relating to invocation of the successful resolution applicant’s personal... Citation: (2026) ibclaw.in 3394 NCLT Bench: Shri Labh Singh (Judicial Member) and Ms. Rekha Kantilal Shah (Technical Member) Read More: https://ibclaw.in/mukesh-goyal-vs-ca-santanu-brahma-and-anr-nclt-kolkata-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Allahabad Bench: Whether, in a Section 95 application under the Insolvency and Bankruptcy Code, 2016 against a personal guarantor, acknowledgments of debt made by the principal borrower through OTS proposals can, in light of the guarantee deed, extend limitation against the personal guarantor as well? Insolvency and Bankruptcy Code, 2016, Sections 95, 99 and 101; Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantor to Corporate Debtor) Rules, 2019, Rule 7(1) and Rule 7(2); SARFAESI Act, 2002, Section 13(2) — Application for initiation of insolvency resolution process against personal guarantor — issue of limitation and effect of acknowledgments made by principal borrower through OTS proposals where guarantee deed expressly provided... Citation: (2026) ibclaw.in 3364 NCLT Bench: Shri Praveen Gupta (Judicial Member) and Shri Ashish Verma (Technical Member) Read More: https://ibclaw.in/central-bank-of-india-vs-vinit-kumar-nclt-allahabad-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Chennai Bench: Whether a Section 9 application under the Insolvency and Bankruptcy Code, 2016 is maintainable when admitted part-payments made before filing reduce the principal operational debt below the Section 4 threshold and the claimed interest lacks a consistent and established contractual basis? Insolvency and Bankruptcy Code, 2016 – Sections 4 and 9 – Maintainability of operational creditor’s application – admitted part-payments of Rs. 35,00,000/- were made by the corporate debtor prior to filing of the application, reducing the principal from Rs. 1,09,13,248/- to Rs. 74,13,248/- – applicant nevertheless sought to rely on the original claim and also added interest, though the rate of interest was inconsistently pleaded and no written agreement, purchase... Citation: (2026) ibclaw.in 3374 NCLT Bench: Shri Jyoti Kumar Tripathi (Judicial Member) and Shri Ravichandran Ramasamy (Technical Member) Read More: https://ibclaw.in/m-s-ashok-rajan-vs-bnazrum-agro-exports-india-ltd-nclt-chennai-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Bengaluru Bench: Whether an unsuccessful resolution applicant can seek interference under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 with the Committee of Creditors’ approval process by alleging material irregularity, ineligibility of the successful resolution applicant, incomplete information memorandum, and denial of opportunity to revise its plan? Insolvency and Bankruptcy Code, 2016 – Sections 30(2), 30(5), 60(5); IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Regulations 36, 39(3) – Unsuccessful resolution applicant challenged rejection of its plan and approval of SRA’s plan on grounds of alleged ineligibility of SRA, incomplete Information Memorandum, denial of participation in 23rd CoC meeting, refusal of extension, and sought opportunity to submit enhanced offer. Held that though an unsuccessful resolution... Citation: (2026) ibclaw.in 3368 NCLT Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member) Read More: https://ibclaw.in/r-mall-developers-pvt-ltd-vs-bhuvan-madan-rp-of-tarun-realtors-pvt-ltd-and-anr-nclt-bengaluru-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Bengaluru Bench: Whether directions for cooperation and handover of documents can be issued against the erstwhile IRP and suspended directors when both state that the corporate debtor’s premises and records had already been seized by KSFC and no further documents are in their possession? Insolvency and Bankruptcy Code, 2016, Sections 34(3), 60(5), 18(f), 17, 18, 20, 33(2); IBBI (Liquidation Process) Regulations, 2016, Regulations 9, 13 and 34 – Liquidator sought directions against the erstwhile IRP and suspended directors to cooperate and hand over documents, records and assets-related information of the corporate debtor. Held that the material on record showed that the erstwhile IRP had only received limited financial statements and Tally back-up, had taken... Citation: (2026) ibclaw.in 3367 NCLT Bench: Shri Sunil Kumar Aggarwal (Judicial Member) and Shri Radhakrishna Sreepada (Technical Member) Read More: https://ibclaw.in/ranjana-singh-liquidator-vs-ratnakar-shetty-and-ors-nclt-bengaluru-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

NCLT-Mumbai Bench: Whether an interest-free unsecured advance between related companies, repeatedly reflected in the corporate debtor’s own audited balance sheets and ledger as long-term borrowings, constitutes a financial debt and saves limitation through acknowledgment under Section 18 of the Limitation Act for admission of a Section 7 application? Insolvency and Bankruptcy Code, 2016 – Sections 5(8), 7, 33(5), 238A; Limitation Act, 1963 – Section 18. Section 7 application was filed by the liquidator of the creditor company in respect of an interest-free unsecured advance made to the corporate debtor, a sister concern, for working-capital requirements. The corporate debtor objected that there was no formal loan agreement, repayment schedule, board approval, or proof of disbursal and that an interest-free... Citation: (2026) ibclaw.in 3428 NCLT Bench: Shri Nilesh Sharma (Judicial Member) and Shri Sameer Kakar (Technical Member) Read More: https://ibclaw.in/jagdish-kumar-parulkar-liquidator-of-b-y-agro-and-infra-ltd-vs-wardha-mega-food-park-pvt-ltd-nclt-mumbai-bench/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/

IBC Laws Today | Daily Case Laws Updates | 22 September 2026 Read More: https://ibclaw.in/ibc-laws-today-daily-case-laws-updates-22-september-2026/ Download Mobile App(iOS/Android): https://ibclaw.in/mobile-app/ Activate WhatsApp Updates : https://ibclaw.in/whatsapp-updates/ Follow for Daily Updates: Follow on LinkedIn: https://www.linkedin.com/company/ibclaw/ Not just legal news —IBC Laws delivers a full-stack legal research platform, Check More Features: https://ibclaw.in/subscription/