Complaint No. CC006000000479933

CC006000000591165

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC006000000479933

Prathamesh Sunil Tipnis


... Complainant/s

Versus

Jupiter Landscape Pvt Ltd Company, Through its Director Mr Ambish Shah,
Jupiter Landscape Pvt Ltd Company, Through its Director Mr Ambish Shah


... Respondent/s

2. Complaint No. CC006000000591165

HT Media Limited


... Complainant/s

Versus

Kavya Buildcon Private Limited,
Jupiter Landscapes Pvt Ltd


... Respondent/s

MahaRERA Project Registration No. P51700007431


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

None appeared for the complainant at Sr. No. 1.
Ld. Adv. Akash Tripathi appeared for the complainant at Sr. No. 2.
Ms. Janhavi appeared for the respondent in Sr. No. 1.
Ld. Adv. Roshan Shetty appeared for the respondent.


INTERIM ORDER


(Thursday, 20th March 2025)

(Through Video Conferencing)


1. The complainants above named have filed these 2 separate complaints before the
MahaRERA seeking directions from MahaRERA to the respondent to refund the


Complaint No. CC006000000479933

CC006000000591165

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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


Complaint No. CC006000000479933

CC006000000591165

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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.

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 complainant at Sr. No. 1 has submitted
that he has already filed his claim before the said IRP. However, although the
complainant at Sr. No. 2 appeared for the hearing today, he has informed the
MahaRERA that he is 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.


Complaint No. CC006000000479933

CC006000000591165

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In the meantime, the complainant at sr. no. 2 may pursue its claim for refund
before the CIRP if it so desires.

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