Complaint No. CC12502544


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12502544

Sudarshan Somani


... Complainant

Versus

Radius & Deserve Builders LLP


... Respondent


MahaRERA Project Registration No. P51800009827


Coram: Shri. Mahesh Pathak, Hon’ble Member – I/MahaRERA

None appeared for the complainant.

Ld. Adv. Rituraj appeared for the respondent – through VC.


INTERIM ORDER


(Wednesday, 28th January 2026)
(Hearing Through Hybrid Mode)

1. The complainant above named has filed this online complaint before the MahaRERA on
23-07-2025 seeking directions from MahaRERA, to the respondent – promoter, to refund
the entire amount paid as prescribed under the provisions of Section 18 of the Real Estate
(Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’), in respect of
the booking of a flat bearing No. 2002, 20th floor, Tower T-8 in the respondent’s registered
project known as “Anantya 1B” bearing MahaRERA registration No. P51800009827
located at Kurla, Mumbai.

2. This complaint was heard by the MahaRERA today as per the Circular No. 49 dated 12-
09-2025 issued by MahaRERA for hearing of complaints through Hybrid Mode Both the
parties have been issued prior intimation of this hearing, and they were also informed to
file their written submissions if any. Accordingly, the respondent appeared and made its
submissions. However, despite the notice of hearing, the complainant remained absent.

3. During the course of hearing, the respondent has submitted that NCLT proceeding has
been initiated against the respondent - promoter under the Insolvency & Bankruptcy


Complaint No. CC12502544


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(Application to Adjudicating Authority) Rules, 2016. Hence, the MahaRERA has perused
the available record.

4. However, in the present case on bare perusal of the website of Insolvency and Bankruptcy
Board of India, the MahaRERA has prima facie noticed that Hon’ble National Company
Law Tribunal Mumbai (NCLT) has passed an order dated 27-09-2023 in CP (IB) No.
592/MB-VI/2022 filed by M/s. Amit Infra-Logic ( India) Pvt Ltd , against the respondent
herein, thereby admitting the respondent herein into Corporate Insolvency Resolution
Process (CIRP) in accordance with the provisions of the Insolvency and Bankruptcy
Code, 2016. Further, as recorded in operative para of the said order passed by the NCLT
, moratorium period has already been ordered against the respondent promoter.

5. In view thereof, as provided under section 14 of the Insolvency and Bankruptcy Code,
2016, which mandates a moratorium on the institution and continuation of legal
proceedings against a Corporate Debtor (respondent herein) in respect of which an order
of admission into CIRP has been passed by the Adjudicating Authority, applies to the
respondent herein. Hence, institution of suits or continuation of pending suits or
proceedings against the respondent including execution of any

JUDGMENT

, decree, or
order in any court of law, tribunal, arbitration panel or other authority is prohibited.

6. In the present case, in view of the aforesaid order passed by the NCLT, the MahaRERA
cannot proceed to decide this complaint against the respondent at this stage and hence
the present complaint is adjourned sine die. In the meantime, the complainants may
pursue his claim for refund before the CIRP, if he so desires.

7. However, liberty is granted to the complainant to approach MahaRERA after final
disposal of the said insolvency proceeding pending against the respondent, if need be.


(Mahesh Pathak)
Member – 1/MahaRERA
MAHESH
DINKAR
PATHAK
Digitally signed
by MAHESH
DINKAR PATHAK
Date: 2026.01.30
16:15:00 +05'30'