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Homebuyers Vs Secured Creditors: Analysis Of Supreme Court’s 2022 Ruling And Its Impact On Housing Finance NPA




Muskan, Symbiosis Law School, Pune


ABSTRACT


The landmark judgment of the Supreme Court in the case of Union Bank of India vs Rajasthan RERA 1shows the attempt of the judiciary to balance the protection of homebuyers and the rights of creditors in India’s real estate sector. This article aims to examine the judicial precedent that has established the supremacy of RERA over the SARFAESI Act, and to analyse the immediate and long-term implications of these changes for housing finance Non-Performing Assets (NPAs). The article also delves into the question of whether these consumer-centric changes brought by this ruling would create new challenges for the financial sector stability in real estate housing finance.


Keywords: Rera, Sarfaesi, Mortgage, Secured Creditors, Financial Institutions, Banking Sector.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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