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    <title>2023 (1) TMI 192 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI</title>
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    <description>The Tribunal upheld the NCLT&#039;s order admitting the Section 7 application filed by SREI Equipment Finance Limited, finding the default amount exceeding Rs.1 crore. Despite challenges to the loan agreement&#039;s validity, the application was deemed complete. Considering the impact of Section 10A, only specific default amounts were recognized. Emphasizing the homebuyers&#039; rights, the Tribunal directed the CoC formation to explore completing the projects, prioritizing homebuyers&#039; interests. The Appeals were disposed of, with parties bearing their own costs, and the stay period for CoC constitution was excluded from the CIRP duration.</description>
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      <link>https://www.taxtmi.com/caselaws?id=432445</link>
      <description>The Tribunal upheld the NCLT&#039;s order admitting the Section 7 application filed by SREI Equipment Finance Limited, finding the default amount exceeding Rs.1 crore. Despite challenges to the loan agreement&#039;s validity, the application was deemed complete. Considering the impact of Section 10A, only specific default amounts were recognized. Emphasizing the homebuyers&#039; rights, the Tribunal directed the CoC formation to explore completing the projects, prioritizing homebuyers&#039; interests. The Appeals were disposed of, with parties bearing their own costs, and the stay period for CoC constitution was excluded from the CIRP duration.</description>
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