Complaint No. CC006000000540743
and CC006000000540746

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC006000000540743


Sunil Kishinchand Bhojwani


... Complainant/s

Versus

Shree Ahuja Project Private Limited

... Respondent/s

Along with

2. Complaint No. CC006000000540746


Sunil Kishinchand Bhojwani


... Complainant/s

Versus

Shree Ahuja Properties Pvt Ltd


... Respondent/s


MahaRERA Project Registration No. P51800007289


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

The complainant appeared in person in both these complaints.
None appeared for the respondent – promoter.


INTERIM ORDER


(Monday, 01st July 2024)

(Through Video Conferencing)


1. The complainant above named has filed these two separate online complaints
before the MahaRERA mainly seeking directions from the MahaRERA to the
respondent promoter to refund the entire money paid by him under the
provisions of the Real Estate (Regulation & Development) Act, 2016 (hereinafter
referred to as ‘RERA’) in respect of the booking of two flats bearing nos. 405 and
104 in the respondent’s registered project known as “Adicio” bearing
MahaRERA registration no. P51800007289 is located at Andheri, Mumbai.


Complaint No. CC006000000540743
and CC006000000540746

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2. These complaints were heard today by the MahaRERA as first hearing matters 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 complainant
appeared and made his submissions. However, despite notice, the respondent
remained absent.

3. During the course of hearing, the MahaRERA has noticed that the Hon’ble
National Company Law Tribunal Mumbai (NCLT) has passed an order dated 18-
05-2023 in CP (IB) No. 663/MB/2022 filed by M/s. Maheshwari Investors
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.. The complainants herein were informed about the said
order passed by the NCLT during the course of hearing.

4. Further, as recorded in para 5 (I) (a) 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.


Complaint No. CC006000000540743
and CC006000000540746

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5. However, although the complainant appeared for the hearing today, he has
informed the MahaRERA that he is not aware of such NCLT proceeding filed
against the respondent promoter. However, the said crucial fact about the
appointment of CIRP in respect of the respondent’s company cannot be ignored
by the MahaRERA.

6. 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 complainant may pursue his claim for refund 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