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26/06/2026

NCLAT-Chennai
A non-speaking NCLT order under Section 60(5)(c) of the IBC, passed without reasons on the reliefs claimed, is unsustainable and liable to be set aside

Read More: https://ibclaw.in/state-bank-of-india-vs-chandramouli-ramasubramaniam-liquidator-of-effimax-engineers-pvt-ltd-nclat-chennai/

Reported at: (2026) ibclaw.in 770 NCLAT

Bench: Mr. Justice Sharad Kumar Sharma (Judicial Member) and Mr. Jatindranath Swain (Technical Member)

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Revolutionising Judgment Reading IBC Laws Subscription Plan A NEW way to Search & Read Judgments Special Features Extra Search Options | Case Summary | Timely Reporting ✍️ Headnotes, Case Summaries & Expert Notes Read judgments with HeadNotes, Case Summaries and Expert prepared Expert Notes View...

26/06/2026

REAT-Uttar Pradesh(UP)
Where possession was delayed beyond the promised period, the allottee was entitled to interest under Section 18(1) at MCLR+1%, could validly withhold further instalments till receipt of OC/CC, and the promoter was bound to issue a fresh offer of possession after adjusting the reduced super/common area against the increased constructed/carpet area

Read More: https://ibclaw.in/raj-bahadur-yadav-vs-u-p-awas-evam-vikas-parishad-uttar-pradesh-reat/

Reported at: (2026) ibclaw.in 315 REAT

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26/06/2026

REAT-Haryana
Maintenance charges can be levied only from the date of part completion certificate, while holding charges are not recoverable even if the allottee delayed taking possession

Read More: https://ibclaw.in/raj-kumar-vs-alpha-g-corp-development-pvt-ltd-haryana-reat/

Reported at: (2026) ibclaw.in 327 REAT

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26/06/2026

REAT-Haryana
Where no Builder Buyer Agreement was executed, the parties are bound by the allotment application form, and an offer of constructive possession made after grant of Occupation Certificate is a valid offer of possession; assured returns cannot be claimed in perpetuity absent a contractual clause

Read More: https://ibclaw.in/alok-gupta-and-anr-vs-advance-india-projects-ltd-haryana-reat/

Reported at: (2026) ibclaw.in 338 REAT

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26/06/2026

REAT-Haryana
On cancellation for allottee’s default, refund after 10% earnest money deduction is permissible, but assured returns already paid cannot be recovered by adjustment

Read More: https://ibclaw.in/alok-gupta-vs-advance-india-projects-ltd-haryana-reat/

Reported at: (2026) ibclaw.in 309 REAT

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26/06/2026

REAT-Uttar Pradesh(UP)
An allottee has an unqualified right under Section 18(1) of the RERA Act to withdraw from an incomplete and delayed project and obtain refund of the deposited amount with prescribed interest

Read More: https://ibclaw.in/deepak-sharma-vs-avadh-infraland-ltd-uttar-pradesh-reat/

Reported at: (2026) ibclaw.in 318 REAT

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25/06/2026

REAT-Odisha
No relief under RERA is available where the project was completed before the Act, and a defaulting allottee cannot claim sale deed or refund interest

Read More: https://ibclaw.in/samir-jena-vs-secretary-orera-and-anr-odisha-reat/

Reported at: (2026) ibclaw.in 321 REAT

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25/06/2026

REAT-Rajasthan
SARFAESI action cannot override a bona fide allottee’s rights under RERA, and the mortgagee bank as assignee-promoter must issue NOC for sale of the allotted flat

Read More: https://ibclaw.in/baroda-rajasthan-kshetriya-gramin-bank-vs-rajasthan-real-estate-regulatory-authority-jaipur-and-ors-rajasthan-reat/

Reported at: (2026) ibclaw.in 312 REAT

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25/06/2026

REAT-Odisha
An allottee cannot be compelled to take possession or denied interest for delay where the promoter has not obtained occupancy certificate, and shifting of STP from the sanctioned plan without prior written consent of two-thirds allottees is illegal under Sections 17(1) and 14(2)(ii) of the RERA Act

Read More: https://ibclaw.in/evos-buildcon-pvt-ltd-vs-seema-mohapatra-odisha-reat/

Reported at: (2026) ibclaw.in 323 REAT

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25/06/2026

REAT-Uttar Pradesh(UP)
Allotment of non-lockable or virtual office space carrying only a right to proportionate lease income and not identifiable physical possession does not fall within the ambit of RERA, and claims for possession, delay interest or assured returns in respect of such space are not maintainable before the Authority

Read More: https://ibclaw.in/diograzia-realcon-pvt-ltd-vs-bhutani-group-uttar-pradesh-reat/

Reported at: (2026) ibclaw.in 314 REAT

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