SC upholds home buyers status of financial creditors

Supreme Court today upheld amendments to the Insolvency and Bankruptcy Code (IBC), giving the status of financial creditors to homebuyers.

A bench headed by Justice R F Nariman, which disposed of a batch of over 180 petitions filed by various builders, said the RERA act which regulates the real estate sector should be read harmoniously with the amendments made in the IBC and in case of conflict the code will prevail.

The bench said only genuine homebuyers can invoke insolvency proceedings against the builder and asked the Centre to file an affidavit taking the corrective measures.

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