Bombay HC Orders Thane Collector To Execute MahaRERA Recovery Warrants Against Mandakini Realtors Within Eight Weeks

Mumbai: The Bombay High Court has directed the Thane Collector and other concerned authorities to execute recovery warrants issued by the Maharashtra Real Estate Regulatory Authority (MahaRERA) against Mandakini Realtors within eight weeks, observing that the prolonged inaction had caused serious hardship to homebuyers.

Recovery Warrants Pending Since 2023

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait M. Sethna, in an order dated October 15, directed the authorities to execute the recovery warrants dated February 3 and February 15, 2023, provided there is no other impediment. The eight-week period will begin from the date the petitioners produce the court order before the authorities.

The court warned that it would take a serious view if the directions were not complied with within the stipulated period. It also made clear that no further extension would be granted. The matter has been listed for compliance on November 20, 2026.

Homebuyers Approach Court For Enforcement

The petition was filed by Zulfikhar Ahmad and another petitioner, who approached the court seeking through advocate named Sulaiman Bhimani, from the law suits for the enforcement of the recovery warrants issued under Section 40(1) of the Real Estate (Regulation and Development) Act, 2016. The petitioners said they had been pursuing recovery of the amounts due despite a MahaRERA order dated February 2, 2021, and the subsequent warrants issued in 2023.

Their counsel submitted that the Collector, Thane, had not taken steps to execute the warrants despite the order having attained finality. The petitioners sought directions for prompt recovery, including action against the developer and attachment of its assets.

Flat Buyer Alleges Possession Delay

Zulfikar Ahmad, one of the petitioners, said he had purchased a flat in 2015-16 but faced delays in receiving possession. The homebuyers subsequently approached MahaRERA and obtained an order in their favour. However, despite the recovery warrants issued in 2023, the builder did not pay the compensatory interest awarded to them, prompting them to approach the Bombay High Court for enforcement.

Ahmad said he was hopeful that the authorities would now comply with the High Court's directions and ensure recovery of the outstanding amount within the stipulated period.

Meanwhile, as per the order, the counsel appearing for Mandakini Realtors sought additional time, submitting that instructions had been received only a day earlier.

However, the bench declined to keep the matter pending, describing the situation as another instance reflecting a “sorry state” of affairs. It said there was no justification for the Collector to sit over warrants dating back to 2023, leaving the petitioners to suffer without fault on their part.

The High Court disposed of the writ petition without entering into the merits of the matter, while directing compliance with the recovery warrants within the specified timeframe.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/