Complaint No. CC006000000292629


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 1 of 3
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━


BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI


Complaint No. CC006000000292629

Pradip Shripat Patankar


... Complainant/s

Versus

M/S. Sheltrex Karjat Pvt Ltd


... Respondent/s


MahaRERA Project Registration No. P52000012196


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

The complainant appeared in person.
None appeared for the respondent.


INTERIM ORDER


(Tuesday, 04th June 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 07-08-2022, mainly seeking reliefs from MahaRERA against
the respondent - promoter to refund the entire booking amount paid by him
along with interest 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. 1603, on 16th floor, in Building Known as
“Y10” in the respondent’s registered project known as “Sheltrex Smart Phone
City Project 1 - Phase II” bearing MahaRERA registration No. P52000012196
located at Karjat, Dist. Raigarh.

2. This complaint was heard by the MahaRERA 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


Complaint No. CC006000000292629


━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Page 2 of 3
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━

written submissions if any. Accordingly, the complainant appeared and made
his submissions. However, despite the notice of hearing, the respondent
remained absent. The MahaRERA heard the arguments of the complainant 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 herein,
thereby admitting the respondent herein into Corporate Insolvency Resolution
Process (CIRP) in accordance with the provisions of the Insolvency and
Bankruptcy Code, 2016.

4. During the course of hearing, the complainant has stated that he is aware of
the aforesaid order dated 01-02-2023 passed by the NCLT and CIRP has been
appointed. The complainant further stated that he has already filed his claim
before the said IIRP.

5. 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
herein) 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.

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


Complaint No. CC006000000292629


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

against the respondent at this stage and hence the present complaint is
adjourned sine die. In the meantime, the complainant may pursue his claim
before the CIRP if he so desires.

7. 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