100 home buyers needed for insolvency plea against builders
The much hailed accreditation as financial creditors to home buyers now comes with riders. Home buyers, willing to take the developer to an insolvency court, will now have to ensure that a minimum of 100 home buyers or 10 per cent of the total home buyers file for bankruptcy against the developer.
Published -
Dec 13, 2019 4:06 AM
The much hailed accreditation as financial creditors to home buyers now comes with riders. Home buyers, willing to take the developer to an insolvency court, will now have to ensure that a minimum of 100 home buyers or 10 per cent of the total home buyers file for bankruptcy against the developer. The government on Thursday tabled the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019, in the Lok Sabha, which among other amendments, also provides for the protection of buyers from criminal proceedings against previous promoters of the bankrupt firm. "An application for initiating corporate insolvency resolution process shall be filed jointly by not less than 100 of such creditors in the same class or not less than 10 per cent of the total number of such creditors in the same class, whichever is less," the bill said, referring to the class of home buyers. "Provided further that for financial creditors who are allottees under a real estate project, an application for initiating corporate insolvency resolution process shall be filed jointly by not less than 100 of such allottees under the same real estate project or not less than 10 per cent of the total number of such allottees under the same real estate project, whichever is less." As per the bill, all the pending applications by home buyers against the developers, which have not been admitted will have to meet the new requirements within 30 days of the commencement of the Act, failing which the application shall be deemed to be withdrawn before its admission.
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