Jamberoo Farm House / Casey Brown Architecture

first_imgJamberoo Farm House / Casey Brown ArchitectureSave this projectSaveJamberoo Farm House / Casey Brown Architecture 2012 Year: Photographs “COPY” ArchDaily Houses “COPY” CopyHouses•Sydney, Australia Architects: Casey Brown Architecture Area Area of this architecture project photographs: Patrick Bingham-HallPhotographs: Patrick Bingham HallSave this picture!© Patrick Bingham-HallText description provided by the architects. Located on the edge of the coastal escarpment south of Sydney, the site enjoys beautiful views of rolling green hills and a distant panorama to the sea. The clients brief sought a new country residence with private guest accommodation and large entertaining areas. A microclimate of heavy rains, strong winds and western sun had to be addressed, coupled with the need for the new works to sit comfortably within the established character of a complex of existing buildings. Save this picture!© Patrick Bingham-HallThe design provides a new family house in the North West corner of this farm complex characterised by existing vernacular buildings including an old dairy, barns, sheds and cottages configured around an ancient Morton Bay Fig tree. Three gabled pavilions connected through a breezeway create a series of framed views through the building. Views to the North, West as well as the central courtyard to the South are captured while creating a series of private spaces and a large communal living/dining/kitchen. Carefully designed to add a contemporary layer of history to the place, the new building responds in shape, scale and proportion to its immediate surroundings.Save this picture!Ground Floor PlanExternal materials are taken from the existing buildings pallet but given a contemporary interpretation and include local field stone, vertical Blackbutt lining boards with cover battens left natural to fade to a grey colour and Colorbond roofs. Internally, Blackbutt floors, wall and ceiling linings reinforce a strong timber character. The main pavilion features a dramatic cathedral ceiling with exposed recycled hardwood timber posts, paired rafters and scissor trusses. Gradually, the pavilion becomes wider and higher towards the North giving the living area spectacular views of the surrounding landscape and coast in the distance. The scullery behind the open kitchen is built as a low ceiling room within the main pavilion. Large timber sliding doors open up the house to a wide wrap around curved veranda to the North West.Project gallerySee allShow lessRooms / Ando CorporationSelected ProjectsLandfill Reclaimation: Fresh Kills Park Develops as a Natural Coastal Buffer and Par…Architecture News Share Australia Save this picture!© Patrick Bingham-Hall+ 12 Share ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/339387/jamberoo-farm-house-casey-brown-architecture Clipboard 2012 Area: 413 m² Area: 413 m² Year Completion year of this architecture project ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/339387/jamberoo-farm-house-casey-brown-architecture Clipboard Projects Jamberoo Farm House / Casey Brown Architecture Year: CopyAbout this officeCasey Brown ArchitectureOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesSydneyHousesAustraliaPublished on March 04, 2013Cite: “Jamberoo Farm House / Casey Brown Architecture” 04 Mar 2013. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogAluminium CompositesTechnowoodWood Siding in KSR Villa BodrumPlasticsMitrexSolar SidingMetal PanelsAurubisOxidized Copper: Nordic BrownEnclosures / Double Skin FacadesCupa PizarrasCupaclad® 101 Random in Les PalmiersUrban ApplicationsIsland Exterior FabricatorsPublic Safety Answering Center II Envelope SystemConcreteKrytonConcrete Hardening – Hard-CemSkylightsVELUX CommercialModular Skylights – Ridgelight 25-40°Porcelain StonewareGrespaniaPorcelain Tiles – Coverlam ImperialWindowspanoramah!®ah! Vertical SlidingFastenersSchöckConcrete Façade Fasteners – Isolink®CarpetsFabromont AGTextile Floor Covering – Arena®CoatingsFormicaLaminate – ColorCore®2More products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my streamlast_img read more

New Director of Engagement and Income Generation at Breakthrough

first_imgNew Director of Engagement and Income Generation at Breakthrough AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 5 February 2013 | News 19 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Breakthrough Breast Cancer has appointed Kath Abrahams as Director of Engagement and Income Generation, a new role at the charity. She moves to the role from her current position as Director of Fundraising at the charity. In her new post, she will lead a new Directorate for Breakthrough. This was developed following of a review of the existing management structures covering the fundraising, communications, and advocacy and campaigns teams.Abrahams said: “We will be able to take a much more co-ordinated approach to engaging support now that we’re working together as a single team, which I know will give us the best possible opportunity to succeed”. Advertisementcenter_img Tagged with: Management Recruitment / people Before joining Breakthrough Abrahams worked as Development Director at the NSPCC, responsible for volunteer led-fundraising. She also spent four years as Campaign Manager on the charity’s FULL STOP APPEAL.www.breakthrough.org.uk About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

Permian class teaches students what goes into animation, video games

first_img Josette Rodriguez-Zeigler talks to 16-year-old Ian Santos in Zeigler’s Animation class at Permian High School Wednesday, February 7, 2018. Home Local News Permian class teaches students what goes into animation, video games View of a helix that Griffin Green is working on in Zeigler’s Animation class at Permian High School Wednesday, February 7, 2018. Twitter From left, 18-year-old Andre Gonzales, 17-year-old Miguel Matta, and 19-year-old Michael Stowe work on their projects in Zeigler’s Animation class at Permian High School Wednesday, February 7, 2018. View of a helix that Griffin Green is working on in Zeigler’s Animation class at Permian High School Wednesday, February 7, 2018. By admin – February 18, 2018 2021 SCHOOL HONORS: Permian High School 16-year-old Ian Santos works on his project in Zeigler’s Animation class at Permian High School Wednesday, February 7, 2018. Permian High School AnimationLynda.com coursesStudents have a chance to experience what goes into their favorite video games, movies and cartoons in Josette Zeigler’s beginning and advanced animation and practicum animation courses at Permian High School.Throughout the day, Zeigler said she has about 100 students, most of whom are advanced, and there is another teacher who teaches extra first year classes. The first semester, students learn Photoshop Premiere and the second semester they use Autodesk Maya, a 3-D graphics application that Zeigler said is the industry standard.“That’s the hardcore one that they start off with. It does take that many years to really get it down. I’ve been using it for almost 15 years now and I still don’t know every little quirk about it because it’s such a robust software,” Zeigler said. “It’s ridiculous how much is in there. But they can use the software for special effects in movies, video games and the 3-D animation that you see in movies in the theaters. It can be used for many facets, not just animation so they can go into a lot of different careers having this software under their belt.”Zeigler also has provided students with access to Lynda.com, which offers a variety of courses in business, technology and creative skills. It can also help students with side interests, such as photography. Previous articleCounty closing for President’s DayNext articleCelebrating Presidents day admin RELATED ARTICLESMORE FROM AUTHOR View of a helix that Griffin Green is working on in Zeigler’s Animation class at Permian High School Wednesday, February 7, 2018. Twitter ECISD undergoing ‘equity audit’ WhatsApp Creamy Fruit SaladSlap Your Mama It’s So Delicious Southern Squash CasseroleSouthern Style Potato SaladPowered By 10 Sec Mama’s Deviled Eggs NextStay Facebook She added that the software helps students become more independent, but if they have questions they can ask her.Currently, her students are finishing the 12 principles of animation developed by Walt Disney.Seventeen-year-old senior Julian Rodriguez has been taking the course since he was a sophomore. To start, Rodriguez said he wants to be an asset modeler building chairs or sometimes characters, but eventually, he wants to be a video game developer.“Really, I just like telling stories and this is … another outlet that I can do and it’s a lot easier and I get it a lot easier than other kinds of animating,” Rodriguez said.He added that he enjoys the class and Zeigler is hands-on, so if they need help she’ll show them what they’re doing wrong. He also likes being able to see what he can create out of almost nothing, after a lot of hard work, and know you’re responsible for it.Andre Gonzales, an 18-year-old senior, has been taking the animation class for three years. He likes the fact that Zeigler doesn’t let the students mess around and has taught them that deadlines are firm, just as they would be in the real world.“What we do here is what they do in the industry, such as the video game industry, the animation industry, the movies like ‘Tron’ and ‘The Last Airbender.’ The program we use is the one they use in the industry,” Gonzales said.He added that he comes from an artistic family and his father wanted to become an animator when he was younger. That yen was passed on to him, Gonzales said.“Even though it is very hard and very stressful, it is something I want to follow. Specifically, I want to follow the game design route. It helps me express my creativity and it’s something that keeps me busy,” he added.Gonzales said he wants to go to college and study game design and animation.Ian Santos, a 16-year-old junior, started taking the course as a sophomore because it stuck out on the list of elective choices. He has been playing video games probably since elementary school, has watched a lot of cartoons and always been fascinated by animation and how it works.Being able to work with his classmates and all the cooperation that goes on is one aspect of the class he likes.Santos is considering going into graphic design.Cadence Balencia, a 16-year-old junior, said this is his second year taking Zeigler’s class. He likes the different projects the class does and said it teaches you how difficult animation is and how much time goes into movies and cartoons.Taking the class has made him look at movies in a different way.“Sometimes I look at it and say, ‘Dang that must have taken a long time to do,’” Balencia said. Pinterest Facebook Pinterest WhatsApp Local News Permian class teaches students what goes into animation, video games OC employee of the year always learning 1 of 7 From left, 17-year-old Marlon Felipe, 16-year-old Cadence Balencia, and 17-year-old Griffon Green work on their projects in Zeigler’s Animation class at Permian High School Wednesday, February 7, 2018. Josette Rodriguez-Zeigler talks to 17-year-old Lili Leyva in Zeigler’s Animation class at Permian High School Wednesday, February 7, 2018.last_img read more

Five things you need to know today, June 21

first_img Local News Five things you need to know today, June 21 Swimmers cool off in the pool Wednesday afternoon at Woodson Park Aquatic Center. Home Local News Five things you need to know today, June 21 Twitter OC employee of the year always learning WhatsApp Facebook By admin – June 21, 2018 Pinterest Pinterestcenter_img Twitter 2021 SCHOOL HONORS: Permian High School Facebook Take a look at the news in and around Odessa on Thursday, June 21. Find complete local news coverage in the Odessa American every day, online at oaoa.com and our daily E-Edition at myoaoa.com.1. Odessa Hispanic Chamber of Commerce officials are expected to request a renewal of their contract with the city next week after public payments to the organization ended in May.2. James Matthews is on bike ride across the United States with not much more than a tent and a CamelBak to help raise awareness for addiction and mental health. Matthews began his trip in West Palm Beach on May 27 and plans to arrive at Hollywood Boulevard in Los Angeles by July 9.3. A regular action item — annual officer appointments — turned into an item of contention recently as the Ector County Hospital District board of directors voted for a board president.4. Officers arrested a man Monday morning after he crashed into a parked vehicle and residence during a high-speed pursuit with police.5. IN SPORTS: A day after putting himself at the top of the leaderboard, Jesse Florkowski continued his hot play during the quarterfinals of match play at the North American One-Armed Golfer Association’s national championship Wednesday on the Links Course at the Odessa County Club. ECISD undergoing ‘equity audit’ Previous articleSULLUM: Trump should hurt Sessions by helping drug offendersNext articleDAILY OIL PRICE: June 21 admin RELATED ARTICLESMORE FROM AUTHOR WhatsApp Texas Fried ChickenSlap Your Mama It’s So Delicious Southern Squash CasseroleCreamy Fruit SaladPowered By 10 Sec Mama’s Deviled Eggs NextStay last_img read more

The Homebuyer Amendment: No Home,No Hall Of Justice

first_imgColumnsThe Homebuyer Amendment: No Home,No Hall Of Justice Rohan Chawla20 May 2020 7:19 AMShare This – xOwning a home is a dream that is common to many Indians. It is the ultimate security. Unfortunately for most, the path to owning a home is treacherous and cumbersome. It’s an uphill battle that begins with saving enough for the down payment and then continues into finding a house that matches your dreams; one that is often just a picture in a brochure. After signing many agreements (on…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOwning a home is a dream that is common to many Indians. It is the ultimate security. Unfortunately for most, the path to owning a home is treacherous and cumbersome. It’s an uphill battle that begins with saving enough for the down payment and then continues into finding a house that matches your dreams; one that is often just a picture in a brochure. After signing many agreements (on the dotted line) with the builder and the lender bank, and making payments (in all sorts of colours), the wait begins. The fate of under-construction projects is almost always destined to be delayed[1]. The builder/developer blames everyone but itself. The homebuyer waits patiently. Like all Indians accustomed to inefficient services, she hopes that this too will sort itself out. When, finally, it becomes clear that she has no alternative but to knock the doors of the court, she realizes that justice is going to take its own course – sometimes after multiple trips to the Apex Court. The experience of homebuyers and getting relief under the Insolvency and Bankruptcy Code, 2016 (“the Code”) has been difficult and exhausting since the inception of the Code. Initially, their entitlement to get relief under the Code as financial creditors was questioned[2]. This was statutorily resolved through a clarificatory amendment[3], the constitutional validity of which was then challenged by real estate developers in Pioneer Urban Land & Infrastructure Limited & Anr. v. Union of India & Ors.[4] (hereinafter ‘Pioneer’). The Hon’ble Supreme Court upheld the constitutional validity of the amendments. It was suggested during the course of the hearings in Pioneer, that the homebuyers ought to come to the Tribunal as a group, satisfying a minimum number of homebuyers before any insolvency application could be filed by them (Para 64[5]). These suggestions were put forward by the real estate developers and were intended to persuade the Court to read down the amendments that clarified that homebuyers were financial creditors. It was held that these arguments were based on the presumption that some allottees may want to back out of the transaction and that a reading down of the provisions would obviate such a problem. Further, it was held that in an application made by an allottee, the NCLT’s “satisfaction” will be with both eyes open i.e. the NCLT will not turn a Nelson’s eye to the legitimate defenses by a real estate developer and thus there was no necessity to read down any of the provisions. Thereafter, in December 2019, The Insolvency & Bankruptcy Code (Amendment) Ordinance, 2019 was brought into force, which brought in the minimum threshold for a homebuyer to institute insolvency proceedings[6]. It provided that at least 100 allottees/homebuyers or 10% of the total number of allottees/homebuyers (whichever is lesser) of a real estate project must jointly file for the purposes of an application under Section 7 of the Code. Further, it gave 30 days to pending applications to comply with the minimum threshold requirement, lest the application would be dismissed. On 20.02.2020, the Insolvency Law Committee gave its report, in which it recommended that there should be a requirement for a minimum threshold number of certain financial creditors in a class for initiation of the CIRP. Interestingly, the report came after the promulgation of The Insolvency & Bankruptcy Code (Amendment) Ordinance, 2019, which had already incorporated the said change. On 13.03.2020, the Insolvency and Bankruptcy Code (Amendment) Act, 2020 was passed by the Parliament formalizing the increased threshold. Prior to the amendments being approved by Parliament, the matter was referred to a Standing Committee on Finance. In March 2020, it gave its 6th Report, which had 3 dissents to the introduction of the amendment. Even prior to all this, certain homebuyers had challenged[7] the constitutional validity of the amendments brought about by The Insolvency & Bankruptcy Code (Amendment) Ordinance, 2019. This article focuses on analyzing the reasons given by the Insolvency Law Committee (February 2020) for proposing the amendment. In the author’s view, the reasons do not justify the introduction of the amendment. While some of these reasons had been explicitly dealt with in Pioneer, others fail to show intelligible differentia qua operational creditors. The amendments are also devoid of any accompanying rules and makes misplaced comparisons to other class-action remedies. The following table illustrates this: S No. Reasoning in ILC Report Remarks “….there was a concern that the CIRP can be initiated by only one or few such financial creditors following minor disputes. This may exert undue pressure on the corporate debtor, and has the potential to jeopardise the interests of the other creditors in the class who are not in favour of the initiation of CIRP.” The issue of one allottee instituting IBC proceedings was specifically raised in Pioneer – see Para 5. This contention was explicitly rejected in Paras 51-52 of the judgement, by holding that all creditors would be a part of the Committee of Creditors (CoC) and would have a say regarding the future plans. It also held that if the management of the corporate debtor is a strong and stable one, then nothing debarred the same erstwhile management from offering a resolution plan, subject to Section 29A, which may well be accepted by the CoC. In fact, even the Union of India made the submission that if the company is solvent, then the CoC may decide to continue the same management (Para 12). This reasoning applies equally to Operational Creditors, yet no provision has been made for them, making the position of allottees worse than Operational Creditors. While a single operational creditor (of the same amount as an allottee) may be able to institute insolvency proceedings, an allottee would have to search for other similarly situated allottees. “This may also impose additional burden upon the Adjudicating Authority to hear objections to heavily disputed applications. The Committee noted that this may be antithetical to the value of a time-bound resolution process, as the already over-burdened Adjudicating Authorities are unable to list and admit all such cases filed before them.” The issue regarding disputed applications was also raised in Pioneer – see Para 53. The same was rejected in Para 56, by holding that The Real Estate (Regulation & Development) Act, 2016 (hereinafter ‘RERA’) provides enough provisions such that allottees can come armed with information to make at least a prima facie case of default. After the prima facie case is made, the burden is on the real estate developer to show that the allottee is not entitled to compensation/refund. Additionally, the remedy under Section 65 of the Code is also available to the real estate developers. In fact, during the course of the hearings in Pioneer, it was the Union of India which suggested that all that NCLT would have to be supplied with by the allottee in his Section 7 petition would be the RERA information bank, and after receiving a reply from the real estate developer, the NCLT would then easily be able to decide whether any compensation/refund is due (Para 12). This issue of time-bound resolution and burdened Adjudicating Authorities was also raised in Pioneer – see Para 57. It was rejected in Para 58 by holding that ‘Unfortunately both the NCLT and NCLAT do not have sufficient members to deal with the flood of applications and appeals that is before them. The time taken in the queue by applicants who knock at their doors cannot, for no fault of theirs, be put against them.’ In fact, in Para 103, the necessity to have sufficient members in the NCLT and NCLAT was reiterated. The minimum threshold only exacerbates the contentiousness of an application, instead of decreasing it. The minimum threshold compounds the alleged contentiousness by the number of applicants, as now the facts of each allottee have to be examined by the Adjudicating Authority. The amendment assumes that all allottees have the same set of facts and the Corporate Debtor has the same defense against all of them. The reasoning of disputed applications equally applies to Operational Creditors. In fact, the likelihood of dispute is more in an application filed by an Operational Creditor vis-à-vis an allottee. This was recognized in Para 42 of Pioneer, where it was held that the information supplied by the Real Estate Developer under RERA makes it easier for the allottee to approach NCLT under the Code and this was one of the vital differences between allottees and operational creditors. Despite this, a heavily disputed application can be maintained by an Operational Creditor without the requirement of any minimum threshold. “However, it was acknowledged that initiation of CIRP by classes of similarly situated creditors should be done in a manner that represents their collective interests. It was felt that a CIRP should be initiated only where there is enough number of such creditors in a class forming a critical mass that indicates that there is in fact large- scale agreement that the issues against a corporate entity need to be resolved by way of a CIRP under the Code. This may well be a more streamlined way of allowing a well-defined class of creditors to agree upon initiating what is a collective process of resolution under the Code.” Firstly, 10%/100 allottees does not indicate ‘enough number’ or ‘large scale agreement’. As stated in Pioneer, once the CoC is formed (which would include all the creditors/allottees), it may well be decided to accept the resolution plan of the existing management. Thus, the initial threshold of 10%/100 allottees is not an indicator of the majority will of the creditors of the corporate debtor. With respect, the Committee mixes up the issues of initiation and resolution. It is not in dispute that CIRP is a collective process, where the majority of the CoC decides the future course of action. However, that does not imply that the initiation/commencement of CIRP also has to be a collective process. If that were so, then CIRP can never be initiated by a sole applicant. The requirement of agreement between a class of creditors regarding initiation of insolvency proceedings places the cart before the horse, as it contemplates an agreement between members of the CoC, even when the CoC has not been formed. “In this regard, and specific to the interests of homebuyers, the Committee also noted that in cases where a homebuyer cannot file an application for initiation of CIRP for having failed to reach the aforesaid critical mass, she would still have access to alternative fora under the RERA and under consumer protection laws. For instance, as recognised by the Supreme Court in the case of Pioneer Urban Land and Infrastructure Limited and Ors. v Union of India, the remedies under the Code and under the RERA operate in completely different spheres. The Code deals with proceedings in rem, under which homebuyers may want the corporate debtor’s management to be removed and replaced so that the corporate debtor can be rehabilitated. On the other hand, the RERA protects the interests of the individual investor in real estate projects by ensuring that homebuyers are not left in the lurch, and get either compensation or delivery of their homes. Thus, if there is a failure to reach a critical mass for initiation of CIRP, it may indicate that in such cases another remedy may be more suitable.” Pioneer categorically records that the remedies under RERA, Consumer Protection Act, 1986 and the Code are concurrent (Para 100). Furthermore, in Para 30 of Pioneer, it was held that if an allottee wants that the corporate debtor’s management itself be removed and replaced, so that the corporate debtor can be rehabilitated, she may refer an application under the Code. This being the avowed objective of the Code, the remedies under RERA and the Consumer Protection Act, 1986 are not alternative fora to the Code. These remedies are different[8], which the Committee also recognizes. The failure to reach critical mass for initiation of CIRP does not imply that the allottees do not wish to institute CIRP. The failure to reach critical mass could well be because of the practical impossibility in achieving the same. As explained in detail hereinbelow, there is no repository of allottees of a particular project/real estate developer, which an individual allottee can access. If the corporate debtor is a defaulter and knows that an individual allottee is likely to use this information to gather other allottees to initiate CIRP, then the corporate debtor would not provide this information, thereby frustrating the initiating of CIRP. No corresponding amendments were brought in RERA to mandate furnishing such information to authorities under RERA and/or to an individual allottee. Furthermore, given that the default is in delay of possession, the allottee is aggrieved in respect of under-construction projects. This implies that there is only a small, if any, chance that an association of allottees has been formed. Without any readily available information, it may not be possible for an individual allottee to single-handedly gather other allottees. Lastly, an individual allottee is already a person of limited means and to cast a burden upon her to gather other allottees would be grossly unfair. “In this regard, the Committee considered if a cue may be taken from the requirements for filing of class actions suits as provided under the Companies Act, 2013. Class action suits may inter alia be filed by a hundred members or depositors or by at least 5 per cent of the total number of members or depositors of the company. Similar to this requirement, and keeping with the extant situation of classes of creditors under the Code, it was suggested that Section 7 of the Code could be amended in respect of such classes of creditors to allow initiation by a collective number of at least a hundred such creditors or at least ten percent of the total number of such creditors forming part of the same class.” The cue taken from Section 245 of the Companies Act, 2013 is misplaced: Firstly, even if a member does not have the requisite threshold to institute a petition for oppression & mismanagement u/s 245, she can institute a petition u/s 241 craving for an exemption u/s 244[9]. Therefore, a member can always institute a proceeding, provided it is able to satisfy the NCLT for exempting the minimum threshold. No such exemption has been carved out for allottees. Secondly, Section 245 is a provision concerning Oppression & Mismanagement. It is well known that a petition for oppression and mismanagement is maintainable only if the petitioner shows that it is just and equitable that the company be wound up[10]. The threshold provided u/s 245 for a depositor to institute a proceeding that would show that it is just and equitable to wind up the company is lesser than the threshold provided under the Code for seeking commencement of insolvency resolution process. Thirdly, a company has to statutorily maintain a Register of Members[11] u/s 88 of the Companies Act, 2013. Any member is entitled to inspect and take copies[12] of the Register of Members. Thus, a member has the ability to contact other members by seeking a copy of the Register of Members. This was also recognized in the judgment of the Chancery Division in Mutter v. Eastern and Midlands Railway Company[13]. Similarly, the Company has to statutorily maintain a Register of Deposits[14] containing the contact details of the Depositors, albeit such Register is not open to inspection to the Depositors. Lastly, a class action suit is aimed at reducing multiple litigation by clubbing various petitioners with commonality of interests. The ability to institute a class action proceeding by joining forces does not preclude an individual petitioner from instituting an independent proceeding. The minimum threshold for allottees makes it mandatory for them to institute a proceeding only by way of a class action. “The Committee also noted that the collective number of homebuyers that form the threshold amount for initiation of a CIRP, should belong to the same real estate project. This would allow homebuyers that have commonality of interests, i.e. allottees under the same real estate project, to come together to take action for initiating CIRP against a real estate developer.” One of the serious issues that has plagued the Indian real estate sector is concerning diversion of funds from one project to another and to other promoter controlled entities[15], which ultimately led to delay in competition of the projects. Such issues concern all allottees across all projects, especially since allottees account for 50-100% of the funding of the individual projects[16]. Thus, if at all there has to be a threshold, it cannot be restricted to a single project. The amendment presumes that a real estate developer may have more than one project[17]. The allottee has to gather other homebuyers from the same real estate project and is precluded from including homebuyers of other projects of the same real estate developer. This is absurd because the eventual outcome of the CIRP is the replacement of the management of the real estate developer (and not of a specific project[18]), which outcome would effect allottees of all projects. It may well be the case that there are large number of aggrieved allottees across projects of the same real estate developer. The allottees of other real estate projects of the same developer are eventually going to be a part of the CoC. “However, to ensure that there is no prejudice to the interests of any such creditor in a class whose application has already been filed but not admitted by the Adjudicating Authority, the Committee agreed that a certain grace period may be provided within which such creditor in a class may modify and file its application in accordance with the above-stated threshold requirements. However, if the creditor is unable to fulfil the threshold requirements to file such modified application within the grace period provided, the application filed by such creditor would be deemed withdrawn.” The amendment is retrospective and affects the maintainability of pending proceedings (which were validly instituted at the time of presentation). The amendment provides a period of 30 days for pending applications to comply with the minimum threshold. In the author’s view, the period of 30 days is unreasonable, insufficient and therefore arbitrary. Firstly, the amendment is not accompanied by any rules/regulations providing for automatic consolidation of pending proceedings. The burden of consolidation and finding other allottees remains on the individual allottee. As stated above, there is no ready database of allottees and their contact details that an allottee can access. She would likely have to give an advertisement in the newspaper, at her own expense. Thus, it reasonable that an allottee would need several weeks to track down individual allottees. The invisible hand takes its own time. Secondly, the period of 30 days shows the gross ignorance of the legislature in respect of the time and effort needed to compile the information concerning 10%/100 allottees. The petition would have to narrate the facts of each allottee, contain the contracts/allotment letters of each allottee, would have to be signed/contain a power of attorney/vakalatnama of each allottee etc. and would likely run in thousands of pages. This doesn’t even take into account the general apprehension of individuals in respect of signing documents. Further, it would require logistical co-ordination in respect collection of fees, documents etc. Of course, all of this would be experimental and shots in the dark, as no corresponding rules have been framed or separate forms released in respect of the procedure and formalities of filing of such class action proceedings. Needless to say, 30 days is not sufficient. Thirdly, what makes matters worse is that the period of 30 days starts ticking from the commencement of the amendment (i.e.: 28.12.2019- the day when the ordinance came into force). Therefore, all applications had to comply by 27.01.2020 irrespective of their individual date of hearing. Lastly, no power has been vested with the Adjudicating Authority to condone the delay beyond 30 days. The above shows that consolidating the claims of 10%/100 allottees would take much longer than 30 days and even in the most just and equitable situations, the Adjudicating Authority would have no alternative but to dismiss the application as withdrawn. The issues raised by the Insolvency Law Committee had already been thoroughly ironed out by the Hon’ble Supreme Court in Pioneer. After Pioneer, there did not remain any pending concerns regarding insolvency applications by homebuyers/allottees. In the author’s view, to refer to the issues raised by the Petitioners in Pioneer, after they had been rejected by the Hon’ble Supreme Court, to justify the minimum threshold amendment would be manifestly arbitrary. It would imply that the amendments had been unreasonably enacted and without adequate determining principle, as the justifications for the amendment had already been dealt with in Pioneer. As pointed above, some of the justifications for the amendment are contrary to the Union of India’s own submissions in Pioneer, when in fact there has been no change in the circumstances since Pioneer and the promulgation of The Insolvency & Bankruptcy Code (Amendment) Ordinance, 2019. This is, of course, not the first time that the Hon’ble Supreme Court has laid down the legal position with great clarity, only for the legislature to pass legislation to the contrary by referring to the report of a committee; after which the Hon’ble Supreme Court has had to strike down the amendment as manifestly arbitrary and violative of Article 14 of the Constitution of India[19]. In addition, in the author’s view, the minimum threshold amendment also makes the position of individual homebuyer financial creditor inferior to individual operational creditor in respect of initiation of CIRP and therefore is violative of Article 14 of the Constitution of India on that ground as well. During the debates in Parliament on the homebuyer amendments, the Hon’ble Finance Minister stated that the amendments were necessary to curb frivolous litigation[20]. However, the above shows that the amendments have a chilling effect on insolvency litigation initiated by homebuyers against real estate developers. It becomes practically impossible for a homebuyer/allottee to initiate insolvency proceedings. Furthermore, existing litigation is likely to also be dismissed for the want of ‘enough’ numbers. In one stroke, majority of the litigation concerning real estate developers in the insolvency courts will disappear. It seems that the promise of a home and of justice for the average Indian is more than a long and delayed one, it may be but an impossible dream. [1] See the Report of The Insolvency Law Committee (March 2018) – Para 1.3 [2]Nikhil Mehta & Sons v. AMR Infrastructure 2017 SCC OnLine NCLAT 377 [3] Insolvency & Bankruptcy Amendment Ordinance, 2018 (06.06.2018) followed by Insolvency & Bankruptcy (Second Amendment) Act, 2018 (17.08.2018) [4] (2019) 8 SCC 416 [5] The paragraph numbering is as per the Report of the Supreme Court Cases (SCC) [6] Clause 3 [7] Manish Kumar v. Union of India – Writ Petition 26 of 2020 [8] See Para 41 of Pioneer [9] Interestingly, there appears to be a disconnect between the thresholds provided under Section 244 and 245 of the Companies Act, 2013. Section 244 provides that a petition u/s 241-242 for oppression/mismanagement can be filed by 100 members or 1/10th of the total number of members or members holding 10% shares. However, Section 245 (and the rules made thereunder) provide that a class action petition for oppression/mismanagement can be filed by 100 members or 5% of the total number of members or members holding 5% shares. Significantly, while the thresholds in Section 244 have been provided by the statute, the thresholds under Section 245 are provided in the rules by way of delegated legislation. Whether thresholds to institute the same nature of proceedings given by the legislature in one case can be different from that given by the executive in another, is an article for another day. [10] See Section 242 of the Companies Act, 2013. This phraseology is not explicitly incorporated in Section 245. However, Section 245(1)(h) provides the Tribunal has the power to pass any order that it may deem fit, which, in the author’s opinion should take colour from Section 242. [11] See Rule 3 of The Companies (Management and Administration) Rules, 2014, which provides the Form of the Register of Members, which includes contact details. [12] See Section 94 of the Companies Act, 2013 [13] (1888) 38 Ch. D. 92 at page 107 [14] Rule 14 of The Companies (Acceptance of Deposits) Rules, 2014 [15] See the judgment in Bikram Chatterji & Ors v. Union of India & Ors. (2019) 8 SCC 527 (Amrapali), Interestingly, the Hon’ble SC remarked that the banks (i.e.: the ‘other’ financial creditors) had been mute spectators to the diversion of the funds; Also see the order-dated 18.12.2009 in Civil Appeal No. 10856 of 2016 – Bhupinder Singh v. Unitech Ltd. [16] See Para 61 of Pioneer [17] Interestingly, this is contrary to the Union of India’s submission in Pioneer that each project is usually carried out by a SPV, being a corporate entity on its own, and that it would not be correct to say that the admission of an insolvency application filed by an allottee would destabilize the management which has brought in large funds for many projects (Para 12). [18] The NCLAT in its judgment-dated 04.02.2020 in Flat Buyers Association Winter Hills-77, Gurgaon v. Umang Realtech Ltd. & Ors. Company Appeal (AT) (Insolvency) No. 926 of 2019 held that if allottees or banks or operational creditors of one project initiated CIRP against the Corporate Debtor, then it shall be confined to that particular project and would not affect any other project(s). With respect, in author’s view, while the principle is laudatory, there is no statutory provision permitting breaking up of the corporate personality of the Corporate Debtor into various projects and restricting the application of the Code to a particular project of a company. Of course, it would be a different matter if the CoC were to decide how individual projects will be handled. Project-wise CIRP is a discussion for another time. [19] Hindustan Construction Company Ltd. & Anr. v. Union of India & Ors. (2019) SCC OnLine SC 1520 [20] Uncorrected Verbatim Debates – Rajya Sabha (12.03.2020). Relevant extract: “Primarily, this is to avoid frivolous litigation, that we have come up with a hundred or ten, whichever is the lowest, because we have had several issues of one home buyer who would probably go rightly asking for justice, but, in the process, the Resolution itself gets delayed and the time and the value of money has got to be kept in mind.” Next Storylast_img read more

The Appalachian Adventure: Mission in the Mountains

first_img The Appalachian Adventure: Mission in the Mountains You Might Like New clothes, new ideas Three locals – brothers Will and Coleman Ulmer and friend Chad Seale – are the creators behind Water’s Bluff Clothing… read more Troy falls to No. 13 Clemson Pike County Sheriff’s Office offering community child ID kits Plans underway for historic Pike County celebration Some years ago, in the 1990s, a large pharmaceutical company used the area to test OxyContin, which is a powerful prescription painkiller.The drug was tested on large numbers of people who were suffering from the effects of having worked long and hard in the coalmines, Manion said.The pill maker was selling the drug to doctors in areas rich with coal mine injuries and government healthcare cards.“In time, these people became hooked on the dope,” Manion said. “So, you have a generation of parents who are on drugs. They’re not working and they aren’t caring for their children. Many of the teenagers and children are being looked after by foster relatives, who are not eligible for financial assistance that would be available to foster parents. If there’s a kinship, the government is not as obligated to give assistance.”Manion said the teenagers in the Pennington Gap area have no cars, no jobs, no money and no parents to facilitate those things.“Some of them are living at the pastor’s house because they have nowhere else to go and it’s not safe at home,” he said.The mission of the Salem Baptist team was to bring God’s message of love and hope to the young people of the Gap.The youth team offered Bible study groups in the morning for the older youth and Vacation Bible School in the afternoon for the younger children. In between those times, the team interacted with the youth and children. The days were filled with various ways to worship God and opportunities for the young people to get to know each other.Kendra Hetrick, Grace Nicholson and Abigail Nicholson reflected on the week they spent in Pennington Gap and all said they were deeply moved by the plight of their Appalachian peers.“It was so beautiful but there was so much poverty,” Grace Nicholson said. “Nothing like I had ever seen before. It was a wonderful experience for me. Kendra and I have been asked to go back next year and we both want to go.”Nicholson said the children responded to the teachings and especially to the music.“They enjoyed Bible school and were eager listeners,” she said.Hetrick said the children were a bit skeptical at first but quickly warmed up to the teenage mission team members.“They don’t have many material things. One little girl had an old Barbie doll that she had wrapped in tissue paper for clothes,” Hetrick said. “But they were all affectionate and loving.”Hetrick said their conversations with the teenagers were not much different from what all teenagers talk about but they were reluctant to talk about their family life.“They seemed ashamed or maybe angry about it,” she said. “They went to school but they didn’t seem to have much hope of getting out of their situation or for having a better life.”With no means to attend college, the teenagers didn’t talk of furthering their educations.“Some of the older boys were into mixed martial arts and planning to go into the military,” Abigail Nicholson said. “That’s a way they have of getting out.”The young women said the teenagers they befriended spent a lot of time “hanging out” at Walmart.“They don’t have money to buy things. They just hang out there,” Hetrick said. “Most of them don’t seem to give a flip about anything. There’s not much for them to care about.”Ursula Bryant was an adult member of the team and spent a lot of time at the nearby Covenant Mountain Mission Bible Camp, which is attended by area youth.“The camp has been in existence for a long time but it’s not well funded,” Bryant said. “It’s just kind of tucked away and we were able to go in there and give aid, not with major things, but with the smaller things that the couple that manages the camp wouldn’t have to do.”Bryant said it was an uplifting experience for her to see the Frazers stepping out on faith to plant a church.“Jesse and Joy are not from that area so they are removed from their environment and the securities that they are used to,” Bryant said. “They have stepped out on faith to plant a church in an area where people are addicted to drugs and where drug dealers are openly on the streets and in an area where there is widespread poverty and little hope for the future.“It’s encouraging to see a couple that is so willing to struggle to bring God’s word to these people. If, in some small way, we helped plant seeds in their ‘garden’ in the belief that the garden will one day be a ‘field’ where people will grow and prosper spiritually, then we have been successful in our mission.”Bryant said that she returned home more mission minded for her community and dedicated to what she needs to be doing “here” at home.Manion said, too, that his hopes are that the membership of Salem will “come along for the ride.”“Hopefully, Salem will take an interest in the Pillar Community Church of Pennington Gap and affect what we can do to support the church and Jesse and Joy in their mission,” he said. By The Penny Hoarder The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Email the author Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthGet Fortnite SkinsTCGThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel By Jaine Treadwellcenter_img Latest Stories The Mission to the Mountains members are from left to right, Scott McKenney, Rochelle Duebelt, Grace Nicholson, Kendra Hetrick, Chesley Barbaree, Johnny Doster, Lauren Bryant, Abigail Nicholson, Ursula Bryant, Thomas Bryant, Sam Brand, David Barbaree, Julie Barbaree, Chad Manion and Melissa Manion. The children in front are Lucy Manion (red shirt), Josie Manion (purple jacket) and Samuel Manion (infant). In the top image below, members of the Appalachian Adventure team lead kids in the opening Worship Rally of Vacation Bible School at Pillar Community Church. In the bottom image, Julie Barbaree (left) and Rochelle Duebelt (right) clear brush and debris at the Covenant Mountain Mission Bible Camp.The Appalachian Adventure: Mission in the Mountains team from Salem Baptist Church in Brundidge had their eyes opened, not only to the beauty of the Appalachian Mountains, but also to the poverty and desolation that exists there and to the blind faith needed to scatter spiritual seeds on rocky soil.The mission team was led by Chad Manion, church pastor. This was his first time leading a mission team.“I’ve been a member of four mission teams to Africa but this was my first opportunity to lead a team,” he said. “It was a challenging and rewarding experience.” Book Nook to reopen Sponsored Content Print Article Next UpThe mission team included 15 youth and adults and Manion’s three young children. It was an experience that he believes will impact the lives of all of those who participated.“It opened all of our eyes to a world that maybe we didn’t even know existed,” Manion said. “We had heard about the poverty that exists in many areas of Appalachia but you have to experience it to really understand what it’s like to live in those circumstances and under those conditions.”The Salem mission team went to a place called Pennington Gap, Va. and took the message of God’s love and redeeming grace to those who know what it is to lead a hard- scrabbled life. “We went to the Pennington Gap to support a friend and his wife, Jesse and Joy Frazer, who went there five months ago to plant a church, the Pillar Community Church of Pennington Gap,” Manion said.The couple went totally on faith to a place that is completely foreign to them. They went because God called them there.The Salem mission team went to help with the “planting of the church” by sowing the seeds of their faith.Pennington Gap, like many areas of Appalachia, has been victimized by drugs – the drug OxyContin, which has been dubbed the “hillbilly heroin.” Remember America’s heroes on Memorial Day Published 11:00 pm Friday, August 17, 2012last_img read more

Real time detection of airborne fluorescent bioparticles in Antarctica

first_imgWe demonstrate, for the first time, continuous real-time observations of airborne bio-fluorescent aerosols recorded at the British Antarctic Survey’s Halley VI Research Station, located on the Brunt Ice Shelf close to the Weddell Sea coast (lat 75°34′59′′ S, long 26°10′0′′ W) during Antarctic summer, 2015. As part of the NERC MAC (Microphysics of Antarctic Clouds) aircraft aerosol cloud interaction project, observations with a real-time ultraviolet-light-induced fluorescence (UV-LIF) spectrometer were conducted to quantify airborne biological containing particle concentrations along with dust particles as a function of wind speed and direction over a 3-week period. Significant, intermittent enhancements of both non- and bio-fluorescent particles were observed to varying degrees in very specific wind directions and during strong wind events. Analysis of the particle UV-induced emission spectra, particle sizes and shapes recorded during these events suggest the majority of particles were likely a subset of dust with weak fluorescence emission responses. A minor fraction, however, were likely primary biological particles that were very strongly fluorescent, with a subset identified as likely being pollen based on comparison with laboratory data obtained using the same instrument. A strong correlation of bio-fluorescent particles with wind speed was observed in some, but not all, periods. Interestingly, the fraction of fluorescent particles to total particle concentration also increased significantly with wind speed during these events. The enhancement in concentrations of these particles could be interpreted as due to resuspension from the local ice surface but more likely due to emissions from distal sources within Antarctica as well as intercontinental transport. Likely distal sources identified by back trajectory analyses and dispersion modelling were the coastal ice margin zones in Halley Bay consisting of bird colonies with likely associated high bacterial activity together with contributions from exposed ice margin bacterial colonies but also long-range transport from the southern coasts of Argentina and Chile. Dispersion modelling also demonstrated emissions from shipping lanes, and therefore marine anthropogenic sources cannot be ruled out. Average total concentrations of total fluorescent aerosols were found to be 1.9 ± 2.6 L−1 over a 3-week period crossing over from November into December, but peak concentrations during intermittent enhancement events could be up to several tens per litre. While this short pilot study is not intended to be generally representative of Antarctic aerosol, it demonstrates the usefulness of the UV-LIF measurement technique for quantification of airborne bioaerosol concentrations and to understand their dispersion. The potential importance for microbial colonisation of Antarctica is highlighted.last_img read more

Arcade Fire Releases First New Track Since 2013, “I Give You Power”, Featuring Mavis Staples

first_imgJust a week or so ago, we reported on a story which claimed that Arcade Fire had finished working on new music. The band officially validated those claims by releasing a brand new track, “I Give You Power,” featuring vocal contributions from the legendary Mavis Staples. The new track is the band’s first in nearly four years, and a strong indication that more tunes are on the way!The track was released via TIDAL, and all proceeds from purchasing the track will go to ACLU. You can stream it below. The track also came with some artwork that you can see below.last_img read more

Biotech Breakthrough

first_imgPappu worked to find the secret of when the thrips can transmit TSWV. He’s usingnew biotech methods to detect specific proteins that appear only when the insect cantransmit the virus. And they’re doing it quickly. “The presence of the viral protein is a good indication that the insect was capable oftransmitting the virus,” Pappu said. Pappu points out, too, that the 10 percent average is just that. “Some farmers lost only1 percent or 2 percent,” he said. “Others may have lost close to 50 percent.” The three main crops the virus affects are peanuts, tobacco and tomatoes. But manyothers are affected. In these three crops alone, Georgia farmers lost $63.8 million in1996. The virus affects the crops differently, but the results are the same: decreasedyields and crop loss. Viruses rely on carrier insects, he said. The TSWV relies on tiny insects called thripsto move from plant to plant and field to field. “Tomato spotted wilt virus is the No. 1 problem in the state’s crops,” said Hanu R.Pappu, a plant pathologist at the Coastal Plain Experiment Station. “Last year alone, itcaused an average 10 percent loss in many affected crops.” Past efforts to control tomato spotted wilt by controlling the insects didn’t work. “Wejust didn’t know at the time that only certain populations were transmitting,” he said. The first problem farmers have with the virus is knowing when it’s in their fields.Since it’s a virus, Pappu said, there’s no cure. The method he uses is called TAS ELISA; Triple Antibody Sandwich, Enzyme-LinkedImmunoSorbent Assay. It uses virus-specific antibodies that reveal if viral proteins arein the insect. In past years, Georgia farmers had a tough row to hoe in many crops in fighting thedeadly tomato spotted wilt virus. Now, new technology can give them an edge inmanaging the virus. But while about a dozen species of thrips live in Georgia, only two can transmitTSWV. “And those two species can transmit the virus only when the insect wasinfected as a juvenile,” Pappu said. For the first time, Georgia scientists can learn in just one day if insects in the field areactually transmitting the virus. Pappu is working with another plant pathologist and an entomologist at the experimentstation to learn the secrets of the virus that causes tomato spotted wilt. Once they learnits secrets, they can use them to fight against the tiny but destructive organism. Before, scientists needed six to eight weeks to find out if a thrips population wastransmitting the virus. “Now this technology can tell us in one to two days,” he said. “So prevention is extremely important,” he said. “There is no control, so we’re tryingto get it to a point where we can manage the disease through other means.” Pappu’s goal is to forecast when a transmitting population is moving into a field.Armed with that knowledge, farmers can apply pesticides to kill the insects before theycan transmit the virus into the plants. “This information will allow them (farmers) to be more precise in applying chemicals,”Pappu said. “To be effective with our applications, we needed an efficient, quick wayto know if the population was transmitting.” Now they have it.last_img read more

Social media & credit unions: Top 3 improvements

first_imgCredit unions have heard it for years now—“you’ve got to be on social media.” Many credit unions have recognized this necessity and are active on multiple social media platforms, including Facebook, Twitter and YouTube. Is it making the impact they are hoping for?“According to a survey fielded by Third Degree Advertising, 41% of credit union marketers think social media is very important to their marketing strategy and 74% said their organization intends to increase its level of social media use in the future. Yet 53% of respondents rated their credit union’s social media efforts as not effective in helping them achieve marketing goals.” continue reading » 20SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more