Complaint No. CC12501756


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12501756

Wilson Dsa


... Complainant

Versus

D. K. Realty (India) Pvt. Ltd.


... Respondent


MahaRERA Project Registration No. P51800000340


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

Ld. Adv. Gauri Gabure i/b Adv. Anil Dsouza appeared for the complainant.
None appeared for the respondent.


INTERIM ORDER


(Thursday, 06th November 2025)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the MahaRERA, on
28-05-2025, 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. 601 in Wing No. 24 in the
respondent’s registered project known as “Livsmart Kurla” bearing MahaRERA
registration No. P51800000340 located at Kurla.

2. This complaint was heard today by the MahaRERA 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 complainant appeared and made
his submissions. However, despite the notice of hearing, the respondent remained absent.

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


Complaint No. CC12501756


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the available record.

4. Further, 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. 1170/MB-IV/2021 filed by LIV Smart
Welfare Association, i.e., the Financial 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 per the 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 his claim for refund before the CIRP, if he so desires.

7. However, liberty is granted to the complainants 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: 2025.11.07
13:10:28 +05'30'