Complaint nos
. CC12501474

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC12501474

Savita Sandeep Savadimath


... Complainant

Versus

Sheltrex Karjat Pvt. Ltd.


... Respondent


MahaRERA Project Registration No. P51800012307


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

Mr. Sumit, Son of the complainant, appeared for the complainant.
None appeared for the respondent.


INTERIM ORDER


(Monday, 02nd June 2025)

(Through Video Conferencing)


1. The complainant above named has filed this complaint before the MahaRERA
on 01-05-2025 mainly seeking directions from MahaRERA, to the respondent –
promoter, to refund the entire amount paid by them along with interest and
compensation, as per the provisions of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’), in respect of the
booking of a r flat bearing No. 2303, in Wing A in Building No. Y-12 in the
respondent – promoter’s registered project known as “Sheltrex Smart Phone
City Project 2 - Phase I” bearing MahaRERA registration No. P51800012307,
located at Karjat, Dist- Raigarh.

2. The present 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. Accordingly, the complainant appeared


Complaint nos
. CC12501474

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through her representative and made her submissions. However, despite
notice, the respondent remained absent. The MahaRERA heard the
submissions of the complainant and also perused the available record.

3. During the course of hearing, the MahaRERA has noticed that the proceeding
under Insolvency and Bankruptcy Code, 2016 bearing
Complaint No. C
.P. No.
3126/MB/2019 has been filed against the respondent herein by one M/s.
Positive Rays Events Private Limited. In the said petition the NCLT was pleased
to pass an order on 01-02-2023, vide which an IRP has been appointed.
Moreover, as per the said order, a moratorium period has come into effect.
Hence, this complaint needs to be adjourned sine die.

4. Hence, during the course of hearing today, the said order of NCLT was brought
to the notice of the complainant and she has been explained that MahaRERA
cannot proceed to decide this complaint filed against the respondent at this
stage. Hence, the present complaint is liable to be adjourned sine die. The
complainant has not raised any objection to the same during the hearing.

5. In view thereof, as per para (d) of the said order, in view of section 14 of the
Code, mandating a moratorium on the institution and continuation of legal
proceedings against a Corporate Debtor in respect of which an order of
admission into CIRP has been passed by the Adjudicating Authority; it 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 the present case, the MahaRERA has noticed that the respondent promoter
has not uploaded the said order dated 01-02-2023 passed by the NCLT being


Complaint nos
. CC12501474

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pending litigation on MahaRERA website in respect of this project, which is
mandatorily required to be disclosed by the respondent under section 4 of the
RERA.

7. In view of the above, the MahaRERA cannot proceed to decide this complaint
filed against the respondent at this stage and hence the present complaint is
adjourned sine die.

8. 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. The respondent is directed to facilitate the complainant
to approach the IRP for refund. The respondent is also directed to disclose the
said pending litigation of NCLT on the MahaRERA website in this project
registration number (if not done so far).


(Mahesh Pathak)
Member – 1/MahaRERA