Karnataka HC Disposes WP Seeking RERA-Directed Recovery as Respondent Company Undergoes Insolvency; Grants Liberty to Revive Post-NCLT Outcome [Read Order]
The Court disposed of a writ petition seeking enforcement of a RERA recovery certificate for ₹25,39,737/- against Buoyant Technology Constellations Pvt Ltd, in light of pending Corporate Insolvency Resolution Proceedings before the NCLT
![Karnataka HC Disposes WP Seeking RERA-Directed Recovery as Respondent Company Undergoes Insolvency; Grants Liberty to Revive Post-NCLT Outcome [Read Order]](https://images.taxscan.in/h-upload/2026/06/24/2141232-karnataka-hc-disposes-rera-recovery-petition-amid-insolvency-by-taxscan.webp "Karnataka HC Disposes WP Seeking RERA-Directed Recovery as Respondent Company Undergoes Insolvency; Grants Liberty to Revive Post-NCLT Outcome [Read Order]")
The Karnataka High Court disposed of a writ petition for enforcement of an RERA recovery certificate for ₹25,39,737/- against Buoyant Technology Constellations Pvt Ltd, in view of the Corporate Insolvency Resolution Proceedings before the NCLT. Justice M.G.S. Kamal presided over the court which heard the Writ Petition filed by the petitioner Mr. Robin Ghose....
The Karnataka High Court disposed of a writ petition for enforcement of an RERA recovery certificate for ₹25,39,737/- against Buoyant Technology Constellations Pvt Ltd, in view of the Corporate Insolvency Resolution Proceedings before the NCLT.
Justice M.G.S. Kamal presided over the court which heard the Writ Petition filed by the petitioner Mr. Robin Ghose. The Petitioner requested orders to the State authorities (respondents 1 to 3) to collect the amounts awarded under a recovery certificate issued by the Real Estate Regulatory Authority (RERA) against M/s Buoyant Technology Constellations Pvt Ltd (respondent 4).
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During the course of hearing, the counsel for the petitioner filed a document telling the Court that the respondent no. 4 has been allowed into Corporate Insolvency Resolution Process (CIRP) by the National Company Law Tribunal, Bengaluru Bench, by judgement dated 23.08.2024 in CP(IB) 98/BB/2024.
The Court noted that the bankruptcy procedure had resulted in the imposition of a moratorium under Section 14 of the bankruptcy and Bankruptcy Code, 2016 (IBC), which meant that all recovery proceedings against the corporate debtor had been stayed throughout the insolvency process.
The main grievance of the petitioner is inactivity on the part of the State authorities, in implementing the RERA ruling dated 28.10.2019, whereby he was entitled to collect an amount of ₹25,39,737/- from respondent no. 4. However, given the CIRP and the statutory moratorium, the Court chose not to rule on the merits of the case.
Accordingly, the writ petition was disposed of with liberty reserved to the petitioner to restart the proceedings subject to the outcome of the insolvency proceedings before the NCLT. This also enables the petitioner to pursue recovery in conformity with law after the moratorium period comes to an end.
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