Complaint No. CC006000000292596


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI


Complaint No. CC006000000292596

Mr. Dharamveer Sangwan and Mrs. Sunita Sangwan
... Complainant

Versus

M/S. Sheltrex Karjat Pvt Ltd
Deewan Housing Finance Corporation Limited

... Respondents

MahaRERA Project Registration No. P52000004186


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

Ld. Adv. Sahil Parandwal i/b Ld.Adv.Parth Chande appeared for the
complainants.
None appeared for the respondents.


INTERIM ORDER


(Tuesday, 11th June 2024)

(Through Video Conferencing)


1. The complainants above named have filed this online complaint before the
MahaRERA on 08-09-2022, mainly seeking reliefs from MahaRERA against
the respondent no.1 - promoter to handover the possession and also to pay
interest and compensation 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 the flat no. 203,
First Floor, Building No. T1, in the respondent no. 1’s registered project known
as Sheltrex Smart Phone City Project 1 - Phase III” bearing MahaRERA
registration No. P52000004186 located at Shirase, Karjat, Dist. Raigarh.

2. This complaint was heard by the MahaRERA today as per the Standard


Complaint No. CC006000000292596


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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 respondents
remained absent. The MahaRERA heard the arguments of the complainants
and also perused the available records.

3. From the available record, the MahaRERA has noticed that on 01-02-2023, the
Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an
order in CP (IB) No. 3126/MB/2019 filed by Positive Rays Events Private
Limited, i.e., the Financial Creditor therein against the respondent no. 1 herein,
thereby admitting the respondent no. 1 herein into Corporate Insolvency
Resolution Process (CIRP) in accordance with the provisions of the Insolvency
and Bankruptcy Code, 2016.

4. However, in view of the above, as provided under section 14 of the Insolvency
and Bankruptcy Code, 2016, which mandates a moratorium on the institution
and continuation of legal proceedings against a Corporate Debtor (respondent
no.1 herein) in respect of which an order of admission into CIRP has been
passed by the Adjudicating Authority, applies to the respondent no. 1 herein.
Hence institution of suits or continuation of pending suits or proceedings
against the respondent no. 1 including execution of any

JUDGMENT

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

5. During the course of hearing, the complainants have stated that they are
aware of the aforesaid order dated 01-02-2023 passed by the NCLT and CIRP


Complaint No. CC006000000292596


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has been appointed. Hence, the complainants also agreed that this complaint
be adjourned sine die till the said proceedings before the NCLT are completed

6. In view of the above, as the MahaRERA cannot proceed to decide this
complaint against the respondent no. 1 at this stage and hence the present
complaint is adjourned sine die. In the meantime, the complainants may
pursue their claim before the CIRP if they so desire.

7. However, liberty is granted to the complainants to approach MahaRERA after
final disposal of the said insolvency proceeding pending against the
respondent no. 1 if need be.


(Mahesh Pathak)
Member – 1/MahaRERA