Monday 28 December 2020

Interim Finance - Special Window for Affordable and Middle-Income Housing Investment Fund I

Insolvency and Bankruptcy Code, 2016.

# Section 5. Definitions.

(15) “interim finance” means any financial debt raised by the resolution professional during the insolvency resolution process period and such other debt as may be notified;



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REGD. NO. D. L.-33004/99

The Gazette of India


CG-DL-E-19032020-218811

EXTRAORDINARY


PART II—Section 3—Sub-section (ii)


PUBLISHED BY AUTHORITY


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No. 1027]  NEW DELHI, THURSDAY, MARCH 19, 2020/PHALGUNA 29, 1941

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2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

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MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 18th March, 2020

S.O. 1145(E).—In exercise of the powers conferred by clause (15) of section 5 of the Insolvency

and Bankruptcy Code, 2016 (31 of 2016), the Central Government hereby notifies a debt raised from the Special Window for Affordable and Middle-Income Housing Investment Fund I, for the purposes of the said clause.


Explanation.—For the purposes of this notification, the expression “Special Window for Affordable and Middle-Income Housing Investment Fund I” shall mean the fund sponsored by the Central Government for providing priority debt financing for stalled housing projects, as an alternate investment fund and registered with the Securities and Exchange Board of India, established under sub-section (1) of section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), to provide financing for the completion of stalled housing projects that are in the affordable and middle-income housing sector.


[F. No. 30/9/2020-Insolvency]

GYANESHWAR KUMAR SINGH, Jt. Secy.



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The sole purpose of this post is to create awareness on the "IBC - Case Law" and to provide synopsis of the concerned case law, must not be used as a guide for taking or recommending any action or decision. A reader must refer to the full citation of the order & do one's own research and seek professional advice if he intends to take any action or decision in the matters covered in this post.

Mr. Vijendra Kumar Jain Vs Mr. Nitin Ramchandra Jadhav and Ors.. - Thus, by taking a cue from the judgments rendered by the English Courts in this regard, the following acts have been held to constitute ‘Wrongful Trading’;

NCLT Mumbai-V (2024.05.07) in Mr. Vijendra Kumar Jain Vs Mr. Nitin Ramchandra Jadhav and Ors..[ (2024) ibclaw.in 515 NCLT, I.A. 677 of 2023...