NCLT Mumbai has approved a Rs. 1,048.95 crore resolution plan for Spenta Enclave Pvt. Ltd., reviving its stalled Chembur housing project and providing that roughly 300 homebuyers with admitted claims of about Rs. 264.29 crore will receive their flats once the balance consideration is paid.
The Tribunal held that a resolution plan cannot be compelled to incorporate individual homebuyers' refund rights under Section 18 of RERA where doing so would conflict with the collective CIRP process, and ruled that all homebuyer claims and existing RERA orders stand extinguished on delivery of units in accordance with the plan's own revised timelines.
The ruling gives resolution professionals and homebuyer groups navigating stalled real-estate insolvencies clear guidance: once a plan is approved, IBC's collective resolution framework takes precedence over individual RERA refund remedies, meaning homebuyers who might otherwise have pursued a refund under RERA are instead bound by the collective terms the resolution plan sets.