Dual jurisdiction in Arbitration Proceedings, Arbitral Award, Balco judgment

Panvel & Anr. v Atlanta Limited and  Bharat Aluminium Company vs. Kaiser Aluminium (Balco Judgment).

Interpretation: the Arbitral awrad can be challenged under Supervisory Jurisdiction as well as Under Section 20 …

Time Limitation for challenging proceedings by the Bank under Section 13(4) of the Sarfaesi Act

What is the time limitation for challenging proceedings by bank under Section 13(4)of the SARFAESI Act by the bank.Ans. Once any of the measures initiated by the bank under Section …

Despite the Real Estate Project is Complete, buyer is entitled for refund in case of inordinate delay:

Hon’ble Supreme Court in Civil Appeal No. 3207-3208/2019 (Marvel Omega Builders Pvt. Ltd & Ors. Vs. Shri Hari Gokhle) upholding the decision of Hon’ble NCDRC has observed as follows:- “Even …

Buyers are entitled for refund in case of delay in possession by the builders/promoters

In M/S Nexgen Infracon Pvt. Ltd. Vs. Manish Kumar Sinha and another, the Hon’ble Supreme Court  while examining the issue of non-willingness of the allottee to take possession of the …

Sarfaesi Act: Proceedings under Section 13 of the Act by the Bank and the Legal Recourse to the Borrower under Section 17 of the Act.

If a borrower receives notice under Section 13(2) of Sarfaesi Act from the secured creditor/bank to discharge its liability then the borrower shall make a representation in writing clarifying its …

Flat Buyers/Allottees’ Right to get Refund under RERA

Pioneer Urban Land Infrastructure Ltd. Vs. Govind Raghwan

In a landmark Judgment Hon’ble Supreme Court has observed as follows:-

“We see no illegality in the Impugned Order dated 23.10.2018 passed by the …

Bench Mark Action on Illegal Construction by Builder

Supertech Limited vs. Emerald Court Owner RWA

In another historical Judgment Hon’ble Supreme Court has again exposed the nexus and the collusion between the Builder and the Development Authorities which has …

Complaint of the Allottees are maintainable in RERA even after the expiry of the registration period of a project under RERA.

M/S Imperia Structures Ltd. Vs. Anil Patni and another

Merely because the registration under the RERA Act is valid till 31.12.2020 does not mean that the entitlement of the concerned allottees …

Rate of Interest to be paid to the buyers till actual possession is handed over by the Builders:

V. Prasannakumaar and ors. Vs. Mantri Castles Pvt. Ltd. and ors

Synopsis: Hon’ble Supreme Court upheld the view of the NCDRC that the rate which has been stipulated by the …

Unwarranted Demands by Realtors

Pawan Gupta Vs.  Experion Developers Pvt. Ltd. On 26th Aug, 2019,Consumer Case No. 286 OF 2018 by NCDRC, which has been upheld by the Hon’ble Supreme Court in Civil Appeal Nos 3703-3704 …