Complaint No. CC12504531


BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12504531

Tukaram Akrul Mote ​
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... Complainant

Versus

Calyx Lenora Realty LLP​ ​
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... Respondent

MahaRERA Project Registration No. P52100018564
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Coram: Shri. Mahesh Pathak, Hon’ble Member – I/MahaRERA

None appeared for the complainant. ​

Ld. Adv. Archana Dudam appeared for the respondent – through VC.


INTERIM ORDER


(Monday, 19th January 2026)
(Hearing Through Hybrid Mode)

1. ​
The complainant above named has filed this online complaint before the MahaRERA on
18-12-2025 seeking directions from MahaRERA to the respondent – promoter, to refund
the entire amount paid with 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.
405 Wing B in the respondent’s registered project known as “Atulya Raghukul Bldg -
B” bearing MahaRERA registration No. P52100018564 located at Haveli, Dist. Pune.

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

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Complaint No. CC12504531


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 herein 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 their claim 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

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MAHESH
DINKAR
PATHAK
Digitally signed
by MAHESH
DINKAR PATHAK
Date: 2026.01.20
16:37:22 +05'30'