Justice Siddhartha Varma

Can allottees challenge the refund order of RERA through a writ and seek allotment after commencement of CIRP against the Builder? – Mrs Manju Rakesh Vs. State of UP and Ors. – Allahabad High Court

The Hon’ble Allahabad High Court held that:
(i) The order directs the refund of the amount cannot be entertained at this belated stage in a writ petition, bypassing the statutory alternative remedy of an appeal under the Real Estate (Regulation and Development) Act, 2016.
(ii) An unjustified interference with the proceedings initiated under the Insolvency and Bankruptcy Code, 2016, breaches the discipline of law.
(iii) The Insolvency and Bankruptcy Code, being a complete Code in itself, with sufficient checks and balances remedial avenues and appeals, any interference by the High Court in exercise of its extraordinary powers under Article 226 of the Constitution, which may have the effect interdicting the CIRP, would not be permissible as a matter of course.

Can allottees challenge the refund order of RERA through a writ and seek allotment after commencement of CIRP against the Builder? – Mrs Manju Rakesh Vs. State of UP and Ors. – Allahabad High Court Read Post »

Law of Tenancy/Lease Rights in case of Secured Creditor initiated proceedings under the SARFAESI Act, 2002 – Trilokchand Fabrication Pvt. Ltd. Vs. State of U.P. and Ors. – Allahabad High Court

In this landmark judgment, a division Bench of Hon’ble High Court of Allahabad explains in detail, the law of tenancy/lease rights in case of secured creditors has initiated proceedings:
(i) How are tenancy rights determined beyond the period of 1 year under the TPA 1882?
(ii) What is the recourse available to a tenant during the pendency of an application under Section 14 of the SARFAESI Act?
(iii) Can civil suits/proceedings be instituted during the pendency of an application under Section 14 of the SARFAESI Act?
(iv) Can a monthly tenancy, not entitle a lessee to claim possession of a secured asset after proceedings have been initiated under Section 14 of the SARFAESI Act?

Law of Tenancy/Lease Rights in case of Secured Creditor initiated proceedings under the SARFAESI Act, 2002 – Trilokchand Fabrication Pvt. Ltd. Vs. State of U.P. and Ors. – Allahabad High Court Read Post »

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