Previously, various courts have held that the flats or houses constructed by a real estate developer are not assets of the real estate developer that are subject to protection of the moratorium under Section 14 of the IBC during the CIRP. Rather, the construction an...
The Applicant inter alia submitted that the conduct of the Respondent in not disputing the existence of an arbitration clause while replying to the invocation notice evidenced the parties' understanding that the arbitration clause under the MSA was mandatory and not optional despite the use ...