May 26, 2021 In Arbitration, Authored Article

Doors open for NCLT proceedings against personal guarantors of corporate debtors

Nishant Nigam, Partner The Hon’ble Supreme Court in its latest judgment dated 21.5.2021 in the case of Lalit Kumar Jain Versus Union of India & Ors. has upheld a Notification dated 15.11.2019 issued by the…

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May 4, 2021 In Arbitration, Authored Article

HRERA – Property to be sold on carpet area basis only

Haryana Real Estate Regulatory Authority (HRERA), Gurugram has made sale of property on the basis of “super area or any other basis”, illegal. HRERA has issued regulations that allow the conveyance deeds in the district to be executed only on carpet area basis.

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February 4, 2021 In Arbitration, Authored Article

HOME-BUYERS NOT BOUND BY ONE-SIDED CONTRACTUAL TERMS

A much debated topic was finally laid to rest when on January 11, 2021, the Supreme Court, comprising of a bench of Dr Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ., in the matter of Ireo Grace Realtech Pvt. Ltd. vs. Abhishek Khanna[1] held that incorporation of one-sided and unreasonable clauses in an Apartment Buyer’s Agreement constitutes an unfair trade practice falling under Section 2(r) of the Consumer Protection Act.

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