Complaint No. CC006000000220645


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

Complaint No. CC006000000220645

Asiya Abdulkarim Memon


... Complainant/s

Versus

Nirmal Lifestyle (Kalyan) Private Limited

... Respondent/s


MahaRERA Project Registration No. P51700002876


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

None appeared for the complainant.
Mrs. Vaishali Mohite, AR appeared for the respondent.


INTERIM ORDER


(Tuesday, 5th December, 2023)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 31-03-2022 mainly seeking various reliefs from the
MahaRERA under the provisions of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the
booking of a flat bearing no. Flat No. 402 on 4th floor in the respondent’s
registered project known as “Platano-D” bearing MahaRERA registration
no. P51700002876 is located at Vadavali Kh., Kalyan, Dist. Thane.

2. This complaint was heard today as per the Standard Operating Procedure
dated 12-06-2020 issued by the MahaRERA for hearing complaints through
Video Conferencing. Both the parties have been issued prior intimation of
this hearing. Accordingly, the respondent appeared and made its
submissions. However, despite notice , the complainant remained absent.


Complaint No. CC006000000220645


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3. During the course of hearing, the respondent has pointed out to the
MahaRERA that the NCLT proceedings have started against the
respondent/promoter and CIRP has been appointed. Hence, the complaint
cannot be heard by the MahaRERA.

4. Further, in this case, from the available record, the MahaRERA has noticed
that on 16-06-2022, the Hon’ble National Company Law Tribunal Mumbai
has passed an order in CP (IB) No. 1337/MB/2020 filed by Srei Equipment
Finance Limited, i.e., the Financial Creditor therein against the respondent
no. 1 herein, thereby admitting the respondent herein into Corporate
Insolvency Resolution Process (CIRP) in accordance with the provisions of
the Insolvency and Bankruptcy Code, 2016. Thereafter, vide an order
dated 04-01-2023 passed by the Hon’ble National Company Law Appellate
Tribunal, New Delhi (NCLAT) in Company Appeal No. (AT) (Insolvency)
No. 697 of 2022, the aforesaid order dated 16-06-2022 passed by the NCLT
has been upheld.

5. In view thereof, 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.

6. 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.

7. In view of the above, the MahaRERA cannot proceed to decide this


Complaint No. CC006000000220645


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complaint against the respondent at this stage and hence the present
complaint is adjourned sine die. However, the respondent may facilitate
the complainant to file her claim before the CIRP if any.

8. 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.

(Mahesh Pathak)
Member – 1/MahaRERA