Complaint No. CC006000000210126
and 8 other complaints

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 1 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━


BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI

1. Complaint No. CC006000000210126

Jayesh Joma Bhoir


... Complainant

Versus

Sheltrex Karjat Private Limited


... Respondent
Along with

2. Complaint No. CC006000000241329

Rakesh Gangaram Kayithi


... Complainant

Versus

Sheltrex Karjat Pvt. Ltd.


... Respondent
Along with

3. Complaint No. CC006000000241330

Ali Akbar Mukhi


... Complainant

Versus

Sheltrex Karjat Pvt. Ltd.


... Respondent
Along with

4. Complaint No. CC006000000303375

Swapnil Chinchole


... Complainant

Versus

Sheltrex Karjat Pvt. Ltd.(Suresh Singh)

... Respondent
Along with

5. Complaint No. CC006000000303745

Veerbhadran Narayanan Nair


... Complainant

Versus

Sheltrex Smart Phone City Project 2 Phase 1


... Respondent


Complaint No. CC006000000210126
and 8 other complaints

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 2 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

Along with

6. Complaint No. CC006000000303748

Veerbhadran Narayanan Nair


... Complainant

Versus

Sheltrex Smart Phone City Project 2 Phase 1


... Respondent
Along with

7. Complaint No. CC006000000333777

Brijesh Vinod Gupta


... Complainant

Versus

Sheltrex Karjat Private Limited


... Respondent
Along with

8. Complaint No. CC006000000334141

Prakash Subrao Mali


... Complainant

Versus

Sheltrex Karjat Pvt Ltd


... Respondent
Along with

9. Complaint No. CC006000000395522

Dattaram Janu Kudekar


... Complainant

Versus

Sheltrex Karjat Private Limited


... Respondent

MahaRERA Project Registration No. P51800012307


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

The complainants are absent in the complaints at Sr. No. 1 and 8.
Ld. Adv. Jayashree Girla appeared for the complainants in the complaints
at Sr. Nos. 2 and 3.
The complainants appeared in person in the complaints at Sr. Nos. 4, 5, 6


Complaint No. CC006000000210126
and 8 other complaints

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 3 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

and 9.
Ld. Adv. Sagar Badani appeared for the complainant in the complaint at Sr.
No. 7.
None appeared for the respondent.


INTERIM ORDER


(Tuesday, 29th August 2023)

(Through Video Conferencing)


1. The complainants above named have filed these online complaints
before the MahaRERA seeking directions from MahaRERA to the
respondent - promoter to handover the possession (in Sr. No. 1) and to
refund the entire amount paid by them along with interest and
compensation (in Sr. Nos. 2 to 9) as prescribed under the provisions of
the Real Estate (Regulation & Development) Act, 2016 (hereinafter
referred to as ‘RERA’) in respect of booking of their respective flats in the
respondent’s registered project known as “Sheltrex Smart Phone City
Project 2 - Phase I” bearing
MahaRERA project registration No.
P51800012307
located at Karjat, Dist. Raigarh.

2. These complaints were heard today 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
(except in sr nos. 1 and 8) appeared and made their respective


Complaint No. CC006000000210126
and 8 other complaints

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 4 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

submissions. However, despite the notice of hearing, the respondent
remained absent.

3. During the course of hearing, the MahaRERA has noticed that in other
project registered by the respondent herein vi M/s. Sheltrex Karjat
Private Limited under
MahaRERA project registration no. P52000004186
,
the allottees of the said project have complaints before the MahaRERA
seeking identical reliefs under section 18 of the RERA. During the course
of hearing held in the said complaints viz CC006000000210453 and
others, 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. 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.

4. Accordingly, the MahaRERA after perusing the said order, has already
passed an

INTERIM ORDER

on 14-08-2023 in the said complaints and kept
the said complaints in abeyance in view of the order para (d) of the said
order of NCLT dated 01-02-2023.

5. During the course of hearing today, the said order of NCLT was brought
to the notice of these complainants and they have been explained that
MahaRERA cannot proceed to decide these complaints filed against the


Complaint No. CC006000000210126
and 8 other complaints

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 5 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

respondent at this stage. Hence, the present complaints are liable to be
adjourned sine die. The complainants have not raised any objection to
the same during the hearing.

6. 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; it 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.

7. 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.

8. 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.

9. 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


Complaint No. CC006000000210126
and 8 other complaints

━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 6 of 6
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

pending litigation of NCLT on the MahaRERA website in this project
registration number.

(Mahesh Pathak)
Member – 1/MahaRERA