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Supreme Court upheld amendments made to IBC which deem allottees of real estate projects to be financial creditors

August 12, 2019[2019] 108 147 (SC)

IBC: Section 5(8)(f) always subsumed within it allottees of flats/apartments

IBC: Amendment made to Code by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 does not infringe articles 14, 19(1)(g) or 300-A of Constitution of India

IBC: Period of 14 days given to NCLT for decision under section 7(4) is directory and not mandatory

IBC: RERA and Code must be held to co-exist and in event of a clash RERA must give way to Code

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