Comp. CC006000000194757
BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

Complaint No. CC006000000194757

BHAVINI GUJJETI
…COMPLAINANT
VS
NEPTUNE DEVELOPERS LIMITED
...RESPONDENT

MahaRERA Project Registration No. P51700016823


INTERIM ORDER


(21.11.2024)
(Date of Hearing: 22.04.2024)

Coram: Shri. Ravindra Deshpande, Hon’ble Member-II, MahaRERA

Complainant in person
None for Respondent

1. The Complainant has filed the above complaint before the MahaRERA on

28. 01.2021 seeking directions from MahaRERA against the Respondent to
refund the booking amount and GST on cancellation of booking on account
of non-approval of the loan.
It is pertinent to note here that the said
complaint has not been filed by the Complainant as per the format
prescribed in the Rule 6 of the Maharashtra Real Estate (Regulation and
Development) (Recovery of Interest, Penalty, Compensation, Fine payable,
Forms of Complaints, Appeal etc.) Rules 2017 (hereinafter to be referred as
“said Rules”). Further, the Complainant has even failed to describe the flat
against which the Complainant has filed the present Complaint.

2. This complaint was heard by this Bench on 30.01.2024 and on 22.04.2024. In
the hearing dated 30.01.2024, the Complainant was directed to upload the
Page-1 of 4

Comp. CC006000000194757
copy of the Complaint on or before 06.02.2024, however, till date the
Complainant has failed to upload the copy of the complaint on the
complaint portal. The said complaint was lastly heard on 22.04.2024, on
which date, the Respondent failed to appear, though the notice of hearing
and link of hearing was duly served upon the the respondents and the
matter was proceeded ex-parte against the Respondent. The Complainant
was given the liberty to file Written Arguments on or before 03.05.2024 and
thereafter, the matter was reserved for order.

3. In the present case, the Complainant by filing the said complaint has
approached the MahaRERA mainly seeking refund of the booking amount
and GST paid to the Respondent on account of withdrawal from the said
project for the reason of non-approval of the loan amount.

4. The Complainant has uploaded her Written Arguments on 29.04.2024,
wherein, the Complainant informed about the Respondent going under
CIRP process and also informed about filing a claim before CIRP. On
perusal of the claim, it is observed that the Complainant has filed the same
reliefs as prayed for before this Authority with the CIRP alongwith other
reliefs. Hence, the MahaRERA has perused the available record.

5. On bare perusal of the website of the Insolvency and Bankruptcy Board of
India , the MahaRERA has noticed that on 16.07.2021, the Hon’ble National
Company Law Tribunal Mumbai (NCLT) has passed an order in C.P. No.
3794/IBC/MB/2019 filed by Central Bank of India, i.e., the Financial
Creditor therein against the Respondent herein, thereby admitting the
Respondent herein into Corporate Insolvency Resolution Process (CIRP) in
accordance with the provisions of the Insolvency and Bankruptcy Code,

2016. Page-2 of 4

Comp. CC006000000194757

6. Thereafter, the Respondent challenged the said order dated 16.07.2021
before the Hon’ble National Company Law Appellate Tribunal, New Delhi
(NCLAT) in Company Appeal (AT) (Ins) No. 624 of 2021. However, vide an
order dated 10.06.2022 passed by the Hon’ble NCLAT, the said appeal was
dismissed and the order dated 16.07.2021 passed by the NCLT was upheld.

7. Being aggrieved by the aforesaid order dated 10.06.2022 passed by the
Hon’ble NCLAT, the Respondent herein has filed a Writ Petition (C) No.
467/2022 before the Hon’ble Supreme Court of India. In the said petition,
the Hon’ble Supreme Court of India was pleased to pass an order on

04. 07.2022 and the same reads as under:-
“In the meanwhile, Petitioner shall not transfer, alienate, encumber or
dispose of any of his assets or his legal rights or beneficial interest therein
and the Resolution Professional shall not proceed with filing of the report.”

8. The aforesaid Writ Petition is still pending before the Hon’ble Supreme
Court of India. Moreover, the order dated 16.07.2021 passed by the NCLT
in C.P. No. 3794/IBC/MB/2019 has not yet been set aside.

9. In view thereof, as recorded in the order dated 16.07.2021 passed by the
NCLT, Section 14 of the Code, mandates a moratorium on the institution
and continuation of legal proceedings against a Corporate Debtor in
respect of which an order of admission into CIRP has been passed by the
Adjudicating Authority, applies to the Respondent herein.

10. Hence institution of suits or continuation of pending suits or proceedings
against the Respondent including execution of any

JUDGMENT

, decree or
order in any court of law, tribunal, arbitration panel or other authority is
prohibited.
Page-3 of 4

Comp. CC006000000194757

11. In view of the above, the MahaRERA cannot proceed to decide this
complaint against the Respondent at this stage and hence the present
complaint is adjourned sine die. However, liberty is granted to the
Complainant to approach MahaRERA after final disposal of the said
insolvency proceeding pending against the Respondent if need be. The
Complainant is hereby directed to inform this Authority with regards to
the outcome of the claim filed by the Complainant in the CIRP process so
as to enable this Authority to dispose of the present complaint accordingly.
(Ravindra Deshpande)
Member-II, MahaRERA
Date : 21.11.2024
Page-4 of 4
RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by
RAVINDRA PADMAKARAO
DESHPANDE
Date: 2024.11.21 14:49:38
+05'30'