Complaint No. CC12502360


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12502360

Kiran Dagdu Jadhav
Jayshri Kiran Jadhav


... Complainants

Versus

Calyx Lenora Realty LLP


... Respondent


MahaRERA Project Registration No. P52100017929


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

Both the parties are absent.


INTERIM ORDER


(Monday, 28th July 2025)

(Through Video Conferencing)


1. The complainants above named have filed this online complaint before the MahaRERA,
on 11-07-2025, seeking directions from MahaRERA to the respondent – promoter, to
refund the entire amount along with interest and compensation, as prescribed under the
provisions of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred
to as ‘RERA’) in respect of the booking of a flat bearing No. 604 in Building No. D, in the
respondent’s registered project known as “Atulya Raghukul Building No. D” bearing
MahaRERA registration No. P52100017929, located at Haveli, Dist. Pune.

2. This complaint was heard today by the MahaRERA as per the Standard Operating
Procedure dated 12-06-2020 issued by MahaRERA for hearing of complaints through
Video Conferencing. Both the parties have been issued prior intimation of this hearing,
and they were also informed to file their written submissions if any. Accordingly, both
parties appeared and made their respective submissions.


Complaint No. CC12502360


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3. During the course of hearing, the MahaRERA has noticed that NCLT proceeding has been
initiated against the respondent- promoter under the Insolvency & Bankruptcy
(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 in CP No. 204/ MB-IB / 2021 filed
by M/s. Madhura Infra Engineering Limited, i.e., the Operational Creditor therein,
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

5. Further, as recorded in para 4 (of the operative part) of the said order passed by the NCLT
moratorium has already been ordered against the respondent promoter. 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 their claim before the CIRP, if they so desire.

7. However, liberty is granted to the complainants to approach MahaRERA after final


Complaint No. CC12502360


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disposal of the said insolvency proceeding pending against the respondent, if need be.


(Mahesh Pathak)
Member – 1/MahaRERA