23 April,2026 08:28 AM IST | Mumbai | Vinod Kumar Menon
Clan City project in Taloja, where the complainant booked a flat in 2013, remains incomplete. Pics/courtesy Adv Godfrey Pimenta
In a strong enforcement action, the Maharashtra Real Estate Appellate Tribunal has ordered the attachment and auction of properties belonging to partners of a defaulting developer, citing continued non-compliance with its directives in a long-pending homebuyer dispute.
The order, passed on April 20, came during execution proceedings (Ex. No. 75/25) in an appeal filed by homebuyers Nitin Vidhyadhar Walavalkar and another against M/s Supreme Construction & Developers Pvt. Ltd. The matter was heard via video conference by a bench comprising Shriram R Jagtap and Dr Rajagopal Devara.
"I booked a 2BHK flat in 2013 at Clan City, Taloja project and signed the agreement in 2014, paying about Rs 32 lakhs out of the total agreement value of Rs 35 lakh value, excluding stamp duty and registration charges. Of this, I availed a home loan of Rs 25 lakh and Rs 7 lakh was paid from my savings. I used to pay an EMI of Rs 27,096 per month from 2014 to January 2025, when I finally cleared my home loan. Despite this, I have neither received possession of my flat nor any refund. The project has affected nearly 1700 home buyers, but it remains incomplete. I will be relieved only when money is recovered, as per the directives," said Nitin Walavalkar, 59, a retired BSNL employee.
"A homebuyer has secured major relief. The complainant had approached MahaRERA seeking interest for the delay, as the agreed possession date under the Agreement for Sale was December 31, 2017. MahaRERA granted interest only from January 1, 2021, which was challenged before the Appellate Tribunal. In its order dated August 13, 2025, the Tribunal directed the developer to pay interest from January 1, 2018, within 30 days. On failure to comply, execution proceedings were initiated and a recovery warrant issued, which was also ignored. The Tribunal has now ordered attachment of the directors' personal properties, marking a strong enforcement step under RERA."
The tribunal observed that despite multiple opportunities and having sufficient financial means, the developer and its partners failed to deposit any amount towards satisfying the decree.
Taking a strict view, the tribunal directed its registry to:
>> Instruct the district collector to attach flats owned by the developer's partners
>> Auction the attached properties
>> Deposit sale proceeds before the tribunal
Notices have also been issued to the company's directors, directing them to appear before the tribunal for recording their pleas under the Real Estate (Regulation and Development) Act, 2016. Advocate Godfrey Pimenta appeared for the applicants, while Advocate Harshit Waje, instructed by Advocate Nitin Parkhe, represented the non-applicant.
The latest action follows earlier enforcement measures in the same case.
>> On April 5, 2026, the tribunal issued a recovery warrant of Rs 26.14 lakh
>> The amount (Rs 26,14,441) represents dues owed to the applicants
>> The warrant followed non-compliance with an August 21, 2025, order
>> A hearing was held on February 4, 2026, before initiating recovery
The tribunal had directed the Collector of the Mumbai Suburban district to begin recovery proceedings after continued non-payment.
>> The complainant submitted an affidavit disclosing details of the developer's directors and their immovable properties, including premises in Chembur.
>> The affidavit, filed as per tribunal directions dated March 7, 2026, helped identify attachable assets.
>> Legal observers noted that such disclosures are crucial in enabling tribunals to trace assets and enforce orders, especially where developers delay compliance.
