Case Law Analysis
|Bombay High Court
RERA Immunity for Pre-Act Mortgages | Fraud Exception Only: Bombay HC Upholds Secured Creditor Rights Over State Auction
Bombay High Court reaffirms that mortgages created before RERA's enactment remain immune to state auction proceedings under the Act, unless fraud or collusion is proven. The ruling grants interim protection to secured creditors, preventing state authorities from auctioning properties already mortgaged prior to RERA's implementation, reinforcing the supremacy of pre-existing security interests.