Complaint No. CC12502866


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 1 of 2
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12502866

Nilam Avinash Patel


... Complainant

Versus

Calyx Lenora Realty LLP


... Respondent


MahaRERA Project Registration No. P52100018380


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

The complainant appeared in person through VC.
Ld. Adv. Manasi Sail i/b Ld. Adv. Nilesh Borate appeared for the respondent – through VC.


INTERIM ORDER


(Monday, 15th September 2025)
(Hearing Through Hybrid Mode)

1. The complainant above named has filed this online complaint before the MahaRERA on
15-08-2025 seeking directions from MahaRERA to the respondent – promoter, to
handover the possession and also to pay interest and compensation for the delayed
possession 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. 1208 in Building A in the respondent’s registered project known as
“Atulya Raghukul Bldg - A” bearing MahaRERA registration No. P52100018380 located
at Haveli, Dist. Pune.

2. This complaint was heard by the MahaRERA today as per the Circular No. 48 dated 11-
08-2025 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, both parties appeared and made their
respective submissions.

3. During the course of hearing, the respondent has submitted that that NCLT proceeding


Complaint No. CC12502866


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 2 of 2
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

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, 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 complainant may
pursue her claim before the CIRP, if she 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