real estate

Door to Civil Court Remains Open Despite Bar Under RERA for a Developer Seeking Permanent Injunction

Summary: The case considered whether a suit for a common law remedy, in particular, for permanent injunction could be sought before RERA or whether a civil court retains jurisdiction to entertain such a suit. The Court held that the equitable remedy of permanent injunction falls entirely outside the scope of the powers conferred under the RERA Act; hence the bar of jurisdiction of civil courts cannot be invoked to reject such a suit filed by the developer. For developers and promoters, this ruling reinforces their right to approach civil courts to protect their interests through permanent injunctions.

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Untangling legal knot: SC’s ruling on “security deposits” as financial or operational debt under IBC

Introduction

For initiating proceedings under the Insolvency and Bankruptcy Code 2016 (“IBC”), categorisation of a creditor as either a “financial creditor” or an “operational creditor” is a rather significant first step. Such categorisation is not merely organisational, but essential since the rights, obligations and procedural requirements for realisation of debt by financial and operational creditors also differ under the IBC.

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Can Directors Be Made Parties to Arbitration Proceedings Following the Underlying Rationale of Group of Companies Doctrine? Delhi High Court Explains

Introduction

Agreement to arbitrate – through a clause in a master or a separate agreement – forms the crux of arbitration. Processes like arbitration depend entirely on parties’ written consent to arbitration agreements. Great importance is attached to party autonomy – autonomie de la volonté.[1] This age-old principle continues to be at the centre of any arbitration agreement; however, ascertaining the consent of a party, more specifically a non-signatory party, to an arbitration agreement has been up for debate.

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