# Section 40: enforcing an order and pursuing recovery | NXS48

Why an award is not payment, and how monetary recovery differs from enforcement of other directions.

Canonical: https://nxs48.com/knowledge/section-40-recovery/

Disputes

Why an award is not payment, and how monetary recovery differs from enforcement of other directions.

[NXS48 editorial](/editorial-policy/) · Owner-approved for publicationLast reviewed 2026-10-24

## On this page

1.  [What must be checked before enforcing an order?](https://nxs48.com/knowledge/section-40-recovery/#what-must-be-checked-before-enforcing-an-order)
2.  [Which route does Section 40 provide?](https://nxs48.com/knowledge/section-40-recovery/#which-route-does-section-40-provide)
3.  [Related reading](https://nxs48.com/knowledge/section-40-recovery/#section-related-reading)
4.  [Related service guides](https://nxs48.com/knowledge/section-40-recovery/#section-related-service-guides)
5.  [Contact us for a tailored proposal](https://nxs48.com/knowledge/section-40-recovery/#section-contact-us-for-a-tailored-proposal)

## What must be checked before enforcing an order?

Read the operative direction, payment or performance deadline, person bound and calculation basis. Check service, compliance, appeal and stay status. An enforcement application should implement the actual order rather than enlarge it. Prepare a ledger of amounts received and outstanding obligations, with supporting evidence and transparent interest assumptions where applicable.

Keep the complete order, not only a summary. A favourable decision and an issued recovery document are different from money received. Any settlement or later direction may change what remains enforceable.

## Which route does Section 40 provide?

Section 40(1) addresses recovery of specified monetary amounts as arrears of land revenue in the prescribed manner; Section 40(2) addresses enforcement of directions to do or refrain from an act. The route depends on the order and applicable rules. Attachment or bank restrictions require lawful authority and are not automatic consultant actions.

In Maharashtra, examine the recovery rules and actual warrant process. Insolvency, competing security and stays can affect the next step. Outcomes depend on facts and the decision of the Authority or Tribunal; neither a recovery date nor asset availability can be promised.

### Official sources

-   [RERA Act, Section 40(1)–(2)](https://maharera.maharashtra.gov.in/sites/default/files/acts/Real_Estate_Act_2016.pdf)
-   [Maharashtra Recovery, Complaint and Appeal Rules, 2017: official listing](https://maharera.maharashtra.gov.in/rules)
-   [MahaRERA warrant information](https://maharera.maharashtra.gov.in/warrant-details)

See [execution support](/services/rera-litigation-disputes/execution-recovery/) and the [dispute desk](/services/rera-litigation-disputes/).

Editorial source check: 2026-10-24. Owner-approved for publication. No independent professional legal review or named professional authorship is claimed. “Last reviewed” records an editorial update, not legal sign-off. Check applicable amendments, orders and case-specific law before reliance.

General information, not legal advice. [Authorship and review policy](/editorial-policy/).

## Related reading

-   [Section 44: how to appeal to MREAT](/knowledge/section-44-mreat-appeal/)
-   [Section 31: how to file a MahaRERA complaint](/knowledge/how-to-file-maharera-complaint/)

## Related service guides

-   [Execution & Recovery](/services/rera-litigation-disputes/execution-recovery/)
-   [Conciliation & Settlement](/services/rera-litigation-disputes/conciliation-settlement/)

[Maharashtra regulatory context](/states/maharera/) · [All 25 explainers](/knowledge/)

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