IBC Laws

REAT-Rajasthan: Whether allottees who accepted possession, executed the sale deed, and signed satisfaction and possession documents before the scheduled completion date can still seek directions for handover of possession and delay interest on the ground of incomplete amenities and deficiencies? Real Estate (Regulation and Development) Act, 2016 – Section 44, Section 14(3) – Appeal against dismissal of complaint seeking physical possession, delay interest and related reliefs on the plea that project amenities and works remained incomplete. Held that the record itself showed that the appellants had accepted possession of the allotted flat, executed the sale deed before the scheduled completion date of 31/03/2023, and signed a satisfaction form and possession... Citation: (2026) ibclaw.in 432 REAT Read More: https://ibclaw.in/deepak-jhawar-and-anr-vs-the-love-homes-llp-rajasthan-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-Rajasthan: Whether a promoter could validly cancel an allotted unit under the Agreement for Sale and the RERA Act, 2016 when more than 50% of the sale consideration had been paid, the allottee was under a construction linked plan with a tripartite loan arrangement, and the project progress was not specifically disclosed in the demand notices? Real Estate (Regulation and Development) Act, 2016, Sections 11(5), 13, 19(6) and 44 – appeals against common order refusing to approve cancellation of allotted unit and directing allottee to pay outstanding amount with interest – issue was whether the promoter was entitled to cancel the allotment for non-payment under the Agreement for Sale despite a construction linked plan and a tripartite loan arrangement. Held that although clause 5.5 of the... Citation: (2026) ibclaw.in 433 REAT Read More: https://ibclaw.in/skg-b3b-llp-vs-kailashi-and-ors-rajasthan-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-Rajasthan: Whether a promoter registered under the Real Estate (Regulation and Development) Act, 2016 can exclude delay caused by JDA stop-work notices and pay only 3% delay interest instead of the rate prescribed under the Rajasthan RERA Rules, 2017? Real Estate (Regulation and Development) Act, 2016, Sections 6, 18(1), 31, 43(5), 44 and 58; RERA Rules, 2017; JDA Act, 1982, Sections 32 and 33 — appeal against award of delay interest to allottee — promoter sought exclusion of 22 months due to JDA stop-work notices and alternatively prayed that delay interest be confined to 3% instead of the rate prescribed under the Rules. Held that the matter was covered... Citation: (2026) ibclaw.in 435 REAT Read More: https://ibclaw.in/air-force-naval-housing-board-vs-rameshwar-lal-rajasthan-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-Rajasthan: Whether an allottee who applied for a Type-III dwelling unit and was allotted a unit in Block-A after curtailment of other blocks is entitled under the RERA Act, 2016 to refund of the entire deposited amount with interest from each date of deposit instead of taking possession? Real Estate (Regulation and Development) Act, 2016, Sections 13, 18, 31 and 44; IRWO General Rules, 2013, Clauses 15.4, 15.5 and 20.4 – Appeal against refusal of refund and grant of delay interest only – appellant sought refund on the ground that he desired allotment in Block-C, whereas the respondent, after curtailment of blocks approved by the Authority, allotted him a Type-III unit in Block-A by draw of lots. Held... Citation: (2026) ibclaw.in 436 REAT Read More: https://ibclaw.in/rakesh-kumar-sharma-vs-union-of-india-and-ors-rajasthan-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-Rajasthan: Whether the Regulatory Authority can direct an allottee to take possession despite a complaint seeking refund with delay interest under Section 18(1) of the Real Estate (Regulation and Development) Act, 2016? Real Estate (Regulation and Development) Act, 2016, Sections 18(1), 31, 44 – complaint by allottee sought refund with interest, but during pendency the project was completed and the Occupancy Certificate was obtained – issue was whether the Regulatory Authority could direct the allottee to take possession instead of ordering refund. Held that Section 18(1) distinguishes between an allottee who wishes to withdraw and one who does not intend to withdraw;... Citation: (2026) ibclaw.in 437 REAT Read More: https://ibclaw.in/govardhan-heights-llp-and-anr-vs-nitesh-gupta-rajasthan-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 a rural real estate project approved by a BDO before 7.6.2018 can be treated as completed prior to commencement of the RERA Act, 2016 without validation by the concerned PD, DUDA and on the basis of an architect’s completion certificate and sale deeds alone? Real Estate (Regulation and Development) Act, 2016 Sections 11(4)(e), 17, 3; Government of Odisha, Housing and Urban Development Department Notification No. 4844 dated 15.2.2020; Odisha Development Authorities Act, 1982 Section 20 – issue was whether the project could be treated as completed prior to commencement of the RERA Act on the strength of earlier appellate findings, sale deeds, and an architect’s completion certificate, and whether the complaint was barred by... Citation: (2026) ibclaw.in 444 REAT Read More: https://ibclaw.in/reeta-structurals-pvt-ltd-and-ors-vs-rabindra-nath-dash-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/

High Court-Bombay: Whether interim compensation under Section 143A of the Negotiable Instruments Act, 1881 can be directed where security cheques issued towards repayment of an admitted loan remain unpaid and the accused pleads limitation, disputed consent letter, and financial distress? Negotiable Instruments Act, 1881 – Sections 138, 139, 143A; Code of Criminal Procedure, 1973 – Section 421; Constitution of India – Articles 226, 227; Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528 – challenge to orders directing payment of 20% interim compensation and issuance of warrant of attachment in cheque dishonour complaints involving security cheques issued towards an admitted loan of Rs.11.33 crores. Held that the accused had admitted the... Citation: (2026) ibclaw.in 4181 HC Read More: https://ibclaw.in/devendra-dwarkadas-swami-vs-state-of-maharashtra-and-anr-bombay-high-court/ 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/

High Court-Himachal Pradesh: Whether concurrent conviction under Section 138 of the Negotiable Instruments Act can be interfered with in revision on the plea of defective service of demand notice when the accused admitted receipt of notice, borrowing of money, and issuance of the cheque? Negotiable Instruments Act, 1881 – Sections 118(a), 138, 139, 146; Code of Criminal Procedure, 1973 – Sections 313, 397 – Revision against concurrent conviction under Section 138 NI Act – accused contended that statutory notice had not been validly served as village name in address was wrongly mentioned and delivery report was not exhibited. Held that the scope of revisional interference with concurrent findings is limited to patent defect, perversity,... Citation: (2026) ibclaw.in 4078 HC Read More: https://ibclaw.in/naresh-kumar-vs-surender-kumar-goel-himachal-pradesh-high-court-2/ 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/

High Court-Madras: Whether a conviction under Section 138 of the Negotiable Instruments Act, confirmed in appeal, can be nullified in revision on the basis of a subsequent compromise between the parties? Negotiable Instruments Act, 1881, Sections 138 and 147; Bharatiya Nagarik Suraksha Sanhita, 2023, Section 359 – revision against conviction under Section 138, confirmed in appeal – parties entered into compromise during pendency of revision and complainant stated that the entire amount had been received and that he had no objection to release of the petitioner. Held that Section 147 gives overriding effect and makes every offence under the Act compoundable;... Citation: (2026) ibclaw.in 4274 HC Read More: https://ibclaw.in/s-p-maharajan-vs-m-masilamani-madras-high-court/ 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/

DRT-Madurai: Whether a sale notice issued under the SARFAESI Act can be sustained when the secured creditor fails to prove affixture of the possession notice and sale notice on the secured asset in the manner required by the Security Interest (Enforcement) Rules, 2002? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(2), 13(4), 17(1); Security Interest (Enforcement) Rules, 2002, Rules 8(1), 8(2), 8(7) – challenge to sale notice issued in SARFAESI proceedings – borrower contended that the possession notice and sale notice were not affixed on the secured asset as required by law. Held that while the borrower was admittedly in default and the Bank was entitled... Citation: (2026) ibclaw.in 671 DRT Read More: https://ibclaw.in/m-ravichandran-vs-authorized-officer-canara-bank-drt-madurai/ 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/

DRT-Ernakulam: Whether a mortgaged property with cardamom plantation, situated in municipal area and recorded as pandaravaka purayidam, is exempt as agricultural land under Section 31(i) of the SARFAESI Act, 2002? Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Ss. 17(1), 31(i), 13(2), 13(4), 13(8); Security Interest (Enforcement) Rules, R.9(4) – challenge to SARFAESI sale on plea that secured asset was agricultural land due to cardamom plantation. Held that exemption under Section 31(i) depends on the totality of facts, including the nature and character of the land, the use to which it was put, and the... Citation: (2026) ibclaw.in 656 DRT Read More: https://ibclaw.in/anju-bobby-george-vs-authorised-officer-south-indian-bank-ltd-and-anr-drt-ernakulam/ 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/

DRT-Mumbai: Whether measures under the SARFAESI Act could be invalidated for alleged non-compliance with Section 13(3A), suppression before the Chief Metropolitan Magistrate under Section 14, and alleged undervaluation of secured flats when receipt of the borrower’s reply and any concluded auction sale were not established? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(3A), 14 and 17; Security Interest (Enforcement) Rules, 2002, Rule 8(6); Insolvency and Bankruptcy Code, 2016, Sections 95 and 96 – challenge to SARFAESI measures on grounds of non-consideration of representation, suppression of prior High Court order, and undervaluation of secured flats. Held that the obligation under Section 13(3A) arises only upon proof that the borrower’s... Citation: (2026) ibclaw.in 636 DRT Read More: https://ibclaw.in/d-corp-agro-foods-pvt-ltd-and-ors-vs-bank-of-baroda-drt-mumbai/ 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/

DRT-Madurai: Whether an order under Section 14 of the SARFAESI Act can be sustained when the secured creditor fails to establish compliance with Rules 8(1) and 8(2) of the Security Interest (Enforcement) Rules, 2002 while taking possession under Section 13(4)? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Sections 13(2), 13(3A), 13(4), 14 and 17(1); Security Interest (Enforcement) Rules, 2002, Rules 8(1) and 8(2) – challenge to Magistrate’s order under Section 14 for taking physical possession of secured asset – borrower contended that the possession proceedings were not conducted in accordance with the mandatory procedure. Held that although the loan transaction, mortgage, default, classification as... Citation: (2026) ibclaw.in 642 DRT Read More: https://ibclaw.in/babu-vs-authorised-officer-aptus-finance-india-pvt-ltd-and-anr-drt-madurai/ 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/

DRAT-Chennai: Whether delay of 1269 days in filing an appeal under Section 20 of the RDB Act can be condoned by excluding time spent in writ, writ appeal, and review proceedings under Sections 5 and 14 of the Limitation Act when those proceedings were not prosecuted in good faith? Recovery of Debts and Bankruptcy Act, 1993, Sections 20(3) and 19; Limitation Act, 1963, Sections 5 and 14 – Application for condonation of 1269 days’ delay in filing appeal against DRT order – appellants relied on pendency of writ petition, writ appeal and review before High Court of Karnataka and on the Supreme Court’s COVID limitation extension. Held that Section 14 permits exclusion of time only where the prior proceeding... Citation: (2026) ibclaw.in 325 DRAT Read More: https://ibclaw.in/triton-motor-spares-and-anr-vs-canara-bank-drat-chennai/ 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/

DRAT-Chennai: Whether delay in filing an appeal under Section 20(3) of the RDB Act can be condoned under Sections 5 and 14 of the Limitation Act when the appellants first pursued writ, writ appeal, and review proceedings despite being told that the proper remedy lay before the DRAT? Recovery of Debts and Bankruptcy Act, 1993, Sections 20(3) and 19; Limitation Act, 1963, Sections 5 and 14 – application for condonation of 1284 days’ delay in filing appeal against DRT order – appellants relied on time spent in writ petition, writ appeal and review before Karnataka High Court and on Supreme Court’s COVID limitation extension. Held that Section 14 requires prosecution of the same matter in good faith before... Citation: (2026) ibclaw.in 327 DRAT Read More: https://ibclaw.in/triton-motor-spares-and-anr-vs-canara-bank-drat-chennai-2/ 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/

DRT-Aurangabad: Whether borrowers can challenge SARFAESI measures for recovery of bridge finance on the ground that the bridge loans were to be liquidated upon sanction of a proposed loan under the Rent Plus Scheme, when the proposed loan was never sanctioned and the borrowers later admitted liability and undertook repayment? Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Sections 13(2), 13(4), 17(1) – Challenge to SARFAESI measures for recovery of bridge finance – Applicants contended that bridge loans of Rs.8,00,000/- and Rs.19,70,000/- were granted for construction of proposed bank premises and were to be liquidated on sanction of a larger loan under the Rent Plus Scheme, which was later not sanctioned by higher authorities.... Citation: (2026) ibclaw.in 666 DRT Read More: https://ibclaw.in/md-salim-sattar-shaikh-and-anr-vs-branch-manager-state-bank-of-india-and-ors-drt-aurangabad/ 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/

DRT-Ernakulam: Whether a partnership firm which failed to prove title or ownership over a building constructed on land belonging to the mortgagors can challenge SARFAESI measures, sale, and the Section 14 possession order in respect of the secured asset? SARFAESI Act, 2002 – Section 14(1), Section 14(1)(i) to (ix); Partnership Act – Section 14; Kerala Building Rules, 1984 – Rule 2(72) – applicant partnership firm challenged possession notice, sale notices, auction sale and Magistrate’s order under Section 14 on the footing that it owned the three storied building standing on the mortgaged land and that the bank had security only over the land. Held that the firm failed to... Citation: (2026) ibclaw.in 678 DRT Read More: https://ibclaw.in/kanaka-enterprises-vs-authorized-officer-union-bank-of-india-and-ors-drt-ernakulam/ 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 a Section 9 application under the Insolvency and Bankruptcy Code, 2016 is maintainable where the operational creditor relies on invoices, e-way bills, ledger, bank and GST records, and the corporate debtor alleges non-supply of goods and a pre-existing dispute after earlier demand notices? Insolvency and Bankruptcy Code, 2016 – Sections 4, 8, 9, 10A; Central Goods and Services Tax Act, 2017 – Section 16(2) – Issue was whether operational debt and default were established and whether allegations of non-supply of goods, fake invoices, criminal complaint and GST proceedings constituted a pre-existing dispute barring admission of a Section 9 petition. Held that the Operational Creditor had substantiated supply and default through tax invoices, certified... Citation: (2026) ibclaw.in 2985 NCLT Bench: Shri Praveen Gupta (Judicial Member) and Shri Ashish Verma (Technical Member) Read More: https://ibclaw.in/sunder-engineering-works-vs-associated-machinary-corporation-ltd-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/

NCLAT-New Delhi: Whether the Corporate Insolvency Resolution Process initiated on a Section 7 petition can be closed in appeal on the basis of a post-admission settlement when the sole claim received was that of the original financial creditor and no other creditor objected? Insolvency and Bankruptcy Code, 2016 – Section 7; Section 12A – Appeal against admission of Section 7 petition – parties settled after initiation of CIRP – appellant paid Rs.9 crores to Respondent No. 1 in full and final settlement though the written settlement agreement originally recorded a higher amount – IRP stated that after public announcement only one claim was received, namely from Respondent No. 1, and he had no... Citation: (2026) ibclaw.in 991 NCLAT Bench: Mr. Justice Yogesh Khanna (Officiating Chairperson), Mr. Barun Mitra (Technical Member) and Shri Ajai Das Mehrotra (Technical Member) Read More: https://ibclaw.in/sanjay-kumar-singh-vs-srijan-realty-pvt-ltd-and-anr-nclat-principal-bench-new-delhi/ 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 a Section 7 application under the Insolvency and Bankruptcy Code, 2016 must be admitted where the loan agreement, disbursement records, confirmation of accounts, and the Corporate Debtor’s reply affidavit establish a financial debt and default despite a plea of solvency and request for time to pay? Insolvency and Bankruptcy Code, 2016 – Sections 5(8), 7, 14 and 65; Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 – Rule 4 – Section 7 petition for initiation of CIRP based on business loan of Rs. 1.35 crore with interest at 10% p.a. – bank records showed disbursement, confirmation of accounts was signed by the corporate debtor, and demand letters were issued for unpaid interest and recalled dues... Citation: (2026) ibclaw.in 2900 NCLT Bench: Ms. Bidisha Banerjee (Judicial Member) and Ms. Rekha Kantilal Shah (Technical Member) Read More: https://ibclaw.in/athena-mercantile-pvt-ltd-vs-anmol-niryat-pvt-ltd-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/