Complaint No. CC006000000408561
and 3 Other Complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC006000000408561

Rekha Shah


... Complainant/s

Versus

M/S Kavya Buildcon Pvt Ltd,M/S Jupiter Landscape Pvt Ltd,Ambish Shah,Amisha
Shah,Ecl Finance Limited,Edelweiss Asset Reconstruction Co Ltd


... Respondent/s

2. Complaint No. CC006000000408562

Reshma Shah


... Complainant/s

Versus

M/S Kavya Buildcon Pvt Ltd,M/S Jupiter Landscape Pvt Ltd,Ambish Shah,Amisha
Shah,Ecl Finance Ltd,Edelweiss Asset Reconstruction Co Ltd


... Respondent/s

3. Complaint No. CC006000000408573

Mona Mehta,Pinky Shah


... Complainant/s

Versus

M/S Kavyabuildcon Pvt Ltd,M/S Jupiter Landscape,Ambish Shah,Amisha Shah,Ecl
Finance Limited,Edelweiss Assetreconstruction Co Ltd


... Respondent/s

4. Complaint No. CC006000000408595

Rooshabh Sanghvi,Aashal Sanghvi


... Complainant/s

Versus

Kavya Buildcon Pvt- Ltd,Ms Jupiter Landscape Pvt Ltd,Ambish Shah,Amisha Shah,Ecl
Finance Ltd,Edelweiss Asset Reconstruction Co Ltd


... Respondent/s


MahaRERA Project Registration No. P51700007431


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

Ld. Adv. Harshad Bhadbhade appeared for the complainants.
Representative from M/s. Jupiter Landscapes Pvt Ltd appeared for IIRP.


Complaint No. CC006000000408561
and 3 Other Complaints

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INTERIM ORDER


(Wednesday, 25th June 2025)

(Through Video Conferencing)


1. The complainants above named have filed these 4 separate complaints before the
MahaRERA seeking directions from MahaRERA to the respondent to refund the entire
amounts paid by them 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 their respective flats in the respondent’s registered project
known as “Kavya Grandeur” bearing MahaRERA registration no. P51700007431 located
at Thane.

2. These complaints were 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 written submissions if any. Accordingly, both
parties appeared and made their respective submissions.

3. However, during the course of hearing , it has been brought to the notice of the
MahaRERA by the respondent that there is a Company Petition No. CP (IB) No.
239/MB/C-III/ 2024 filed against the respondent promoter viz M/s. Jupiter Landscapes
Pvt Ltd( which has taken over this project under section 15 of the RERA) under Section 7
of the I&B Code, 2016 by Edelweiss Asset Reconstruction Company Limited. In the said
petition an order dated 1-10-2024 has been passed by the NCLT and thereby a
moratorium period has come into effect.

4. Hence, the MahaRERA has perused the website of Insolvency and Bankruptcy Borad of
India. On bare perusal of the said website, the MahaRERA has noticed that on 1-01-2024
, the Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an order in
CP (IB) No. CP (IB) No. 239/MB/C-III/ 2024 filed by M/s. Edelweiss Asset
Reconstruction Company Limited, i.e., the Financial Creditor therein against the
respondent herein, thereby admitting the respondent herein into Corporate Insolvency


Complaint No. CC006000000408561
and 3 Other Complaints

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Resolution Process (CIRP) in accordance with the provisions of the Insolvency and
Bankruptcy Code, 2016.

5. Further, as recorded in para (d) of the said order passed by the NCLT moratorium has
already been ordered against the respondent promoter. In view thereof, 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. Further, during the course of hearing, the complainants appeared for the hearing today,
have informed the MahaRERA that they are not aware of such NCLT proceeding filed
against the respondent promoter.

7. However, the said crucial fact about the appointment of CIRP in respect of the
respondent’s company cannot be ignored by the MahaRERA.

8. Be that as it may, in the present case, in view of the aforesaid order passed by the NCLT,
the MahaRERA cannot proceed to decide these complaints against the respondent at this
stage and hence the present complaints are adjourned sine die. In the meantime, the
complainants may pursue their claim for refund before the CIRP. The respondent is also
directed to facilitate the complainants in filing their claims, if any, before the CIRP.

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.


(Mahesh Pathak)
Member – 1/MahaRERA