Complaint No. CC006000000210453
and 02 other Complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI

1. Complaint No. CC006000000210453

Mr Ashok Kumar And Mrs Rajbala Devi

... Complainant

Versus

M/s. Sheltrex Karjat Private Limited


... Respondent
Along with

2. Complaint No. CC006000000210493

Mr Ramesh Kumar and Mrs Hansa Devi

... Complainant

Versus

M/s. Sheltrex Karjat Pvt Ltd


... Respondent
Along with

3. Complaint No. CC006000000220801

Mr. Surinder Kumar Sharma and
Mrs. Sumitra Sharma


... Complainant

Versus

Ms Sheltrex Karjat Pvt Ltd


... Respondent


MahaRERA Project Registration No. P52000004186


Coram: Shri. Mahesh Pathak, Hon’ble Member – I/ MahaRERA

Ld. Adv. Neha Mishra appeared for the complainants. .
None appeared for the respondent.


INTERIM ORDER


(Monday, 14th August, 2023)

(Through Video Conferencing)


Complaint No. CC006000000210453
and 02 other Complaints

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1. The complainants above named have filed these 03 separate online
complaints before the MahaRERA on 01-04-2022, 26-04-2022 and 29-04-
2022 respectively, mainly seeking directions from MahaRERA to the
respondent - promoter to handover the possession of the booked flats
and to pay interest for the delayed possession as prescribed under the
provisions of the Real Estate (Regulation & Development) Act, 2016
(hereinafter referred to as ‘RERA’) in respect of the booking of their
respective flats / units in the respondent’s registered project known as
“Sheltrex Smart Phone City Project 1 - Phase III” bearing MahaRERA
registration No. P52000004186 located at Shirase, Karjat, Dist. Raigarh.
The complainants have further prayed for directions to the respondent
for society formation, to complete construction as per the agreements for
sale and to handover all the documents to the complainants.

2. These complaints were clubbed together along with other connected
complaints filed with respect to this project and the same were heard
finally on 09-05-2023 as per the Standard Operating Procedure dated 12-
06-2020 issued by MahaRERA for hearing of complaints through Video
Conferencing. Both the parties have been issued prior intimation of this
hearing and they were also informed to file their written submissions if
any. Accordingly, the complainants appeared and made their
submissions. However, despite the notice of hearing, the respondent
remained absent.

3. After hearing the arguments of the complainants, the following Roznama
was recorded in these complaints –


Complaint No. CC006000000210453
and 02 other Complaints

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“The complainants are present. The respondent is absent. The
respondent has also not filed any reply in the complaint. In fact, the
respondent has never appeared before the MahaRERA and despite
directions, the directors are also not present in the hearing today. The
complainants have pointed out that NCLT vide an order issued in
February 2023 has appointed an IIRP for the respondent company.
Therefore, the complainants are directed to upload the said order
within one week i.e. by 16-05-2023. The complainants have further
prayed to keep these matters in abeyance till the NCLT proceedings
are completed. Accordingly, suitable orders will be issued after 16-
05-2023 in these matters.”

4. Pursuant to the aforesaid directions issued by the MahaRERA, the
complainants at sr. nos. 1 and 2 have uploaded an application for keeping
their complaints in abeyance till final disposal of the National Company
Law Tribunal (NCLT) proceeding along with a copy of the order dated
01-02-2023 passed by NCLT. The said submission is taken on record. The
MahaRERA has perused the available record.

5. In the present case, these complainants have filed these complaints
mainly seeking possession of their flats along with interest for the
delayed possession under section 18 of the RERA.

6. However, during the course of hearing held on 09-05-2023, the
complainants have informed the MahaRERA that the proceeding under
Insolvency and Bankruptcy Code, 2016 bearing
Complaint No. C
.P. No.
3126/MB/2019 has been filed against the present respondent by M/s.


Complaint No. CC006000000210453
and 02 other Complaints

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Positive Rays Events Private Limited. In the said petition the NCLT was
pleased to pass an order on 01-02-2023. The said complainants have also
submitted the copy of the said order of NCLT on record of MahaRERA
along with their application for keeping these in abeyance till final
disposal of the said NCLT matter.

7. On bare perusal of the said order dated 01-02-2023 passed by the NCLT,
in favour of the Financial Creditor therein against the respondent, the
NCLT thereby has admitted the said respondent herein into Corporate
Insolvency Resolution Process (CIRP) in accordance with the provisions
of the Insolvency and Bankruptcy Code, 2016.

8. In view thereof, as per para (d) of the said order, in view of section 14 of
the Code, mandating 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. 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.

9. In the present case, the MahaRERA has noticed that the respondent
promoter has not uploaded the said order dated 01-02-2023 passed by
the NCLT being pending litigation on MahaRERA website in respect of
this project, which is mandatorily required to be disclosed by the
respondent under section 4 of the RERA.


Complaint No. CC006000000210453
and 02 other Complaints

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10. In view of the above, the MahaRERA cannot proceed to decide these
complaints filed against the respondent at this stage and hence the
present complaints are adjourned sine die.

11. However, liberty is granted to the complainants to approach MahaRERA
after final disposal of the said insolvency proceeding pending against the
respondent, if need be. The respondent is directed to disclose the said
pending litigation of NCLT on the MahaRERA website in this project
registration number.

(Mahesh Pathak)
Member – 1/MahaRERA