Complaint No. CC12600794


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 1 of 3
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12600794

Suryabhan Singh


... Complainant

Versus

Nirmal Lifestyle Ltd


... Respondent

MahaRERA Project Registration No. P51800004719


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

Ld. Adv. Kundanlal Patil appeared for the complainant – through PH.
None appeared for the respondent.


INTERIM ORDER


(Order Pronounced on Thursday, 07th May 2026)
(Matter reserved for orders on 04-03-2026)
(Hearing Through Hybrid Mode)

1. The complainant above named has filed this online complaint before the MahaRERA on
12-02-2026 seeking directions from the MahaRERA, to the respondent – promoter, to
refund the entire amount paid by him 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. 2201 on
22nd floor in the respondent - promoter’s registered project known as “Nirmal Lifestyle-
Zircon” bearing
MahaRERA project registration No. P51800004719
, situated at Mulund
West, Mumbai.

2. This complaint was heard by the MahaRERA on 17-03-2026 as per the Circular No. 49
dated 12-09-2025 issued by MahaRERA for hearing of complaints through Hybrid
Hearing Mode. Both the parties have been issued prior intimation of the said 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. The MahaRERA heard the arguments of the


Complaint No. CC12600794


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 2 of 3
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

complainant and also perused the available records.

3. After hearing the arguments of the complainant, the following Roznama was passed in
this complaint:-

““First Hearing Matter”
The complainant is present. The respondent is absent.
It is pointed out that the NCLT / NCLAT have already passed orders and admitted the
respondent in a company petition under the provisions of the Insolvency and Bankruptcy
Code 2016 and an RP has been appointed accordingly in respect of the respondent.
Accordingly, the moratorium prescribed under the IBC is applicable to the respondent.
Therefore, the present complaint is required to be adjourned sine die until the proceedings
before the NCLT are concluded.
The matter is reserved for interim orders.”

4. In the present case, on a bare perusal of the website of the Insolvency and Bankruptcy
Board of India, the MahaRERA has noticed that the NCLT proceeding has been initiated
against the promoter viz M/s. Nirmal Lifestyle Limited (hereinafter referred to as the
‘promoter’ for the sake of brevity) under the Insolvency & Bankruptcy (Application to
Adjudicating Authority) Rules, 2016.

5. Further, on a bare perusal of the website of the Insolvency and Bankruptcy Board of India,
the MahaRERA has noticed that on 05-08-2021, the Hon’ble National Company Law
Tribunal Mumbai (NCLT) has passed an order in C.P. No. 4412/IBC/MB/2019 filed by
IDBI Trusteeship Services Limited i.e., the Financial Creditor therein, against the
promoter herein, thereby admitting the promoter herein into Corporate Insolvency
Resolution Process (CIRP) in accordance with the provisions of the Insolvency and
Bankruptcy Code, 2016. Moreso, the said order dated 05-08-2021 has also been confirmed
by the NCLT vide subsequent order dated 08-01-2026 passed in IA (I.B.C) 5994 (MB) /

2025. 6.
In view of the above, the institution of suits or continuation of pending suits or


Complaint No. CC12600794


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 3 of 3
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

proceedings against the promoter including execution of any

JUDGMENT

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

7. In view of the above, the MahaRERA cannot proceed to decide this complaint filed by the
allottee - complainant against the promoter at this stage and hence the present complaint
is adjourned sine die.

8. However, liberty is granted to the complainant - allottee 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: 2026.05.07
16:23:52 +05'30'