Complaint No. CC12400395


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12400395

Kunal Mahesh Bengali
Mahesh Ratilal Bengali
Nita Mahesh Bengali


... Complainants

Versus

Omkar Ventures Pvt. Ltd.,


... Respondent


MahaRERA Project Registration No. P51800014195


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

Ld. Adv. Ajay Yadav appeared for the complainant.
Ld. Adv. Devul Dighe appeared for the respondent through RP.


INTERIM ORDER


(Wednesday, 16th July 2025)

(Through Video Conferencing)


1. The complainants above named have filed this online complaint before the
MahaRERA on 11-10-2024 seeking directions from the MahaRERA, to the
respondent – promoter, to handover the possession and also to pay interest and
compensation for the delayed possession, as prescribed under the provisions of
the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as
‘RERA’) in respect of the booking of a flat bearing No. 1702, in Wing A, in the
respondent - promoter’s registered project known as “Lawns And Beyond - Phase
1, Omkar International District” bearing
MahaRERA project registration No.
P51800014195
, situated at Andheri ( East), Mumbai.


Complaint No. CC12400395


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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 written submissions if
any. Accordingly, both the parties appeared as mentioned in the appearance and
made their submissions.

3. However, during the course of hearing, the RP appeared on behalf of the
respondent and informed that the NCLT proceeding has been initiated against the
respondent promoter viz M/s. Manomay Ventures Pvt Ltd ( Earlier known as
Omkar Ventures Pvt Ltd) (hereinafter referred to as the ‘promoter’ for the sake of
brevity) under the Insolvency & Bankruptcy (Application to Adjudicating
Authority) Rules, 2016.Hence, this complaint cannot be adjudicated against the
respondent at this stage.

4. However, in the present case, on bare perusal of the website of the Insolvency and
Bankruptcy Board of India, the MahaRERA has noticed that on 28-10-2024, the
Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an order
in C.P. No. CPIB/3521/MB/2019 filed by Satellite Developers Pvt Ltd, i.e., the
Financial Creditor therein, against the promoter herein, thereby admitting the
promoter herein into Corporate Insolvency Resolution Process (CIRP) in
accordance with the provisions of the Insolvency and Bankruptcy Code, 2016.

5. Thereafter, the promoter has challenged the said order dated 28-10-2024 before the
Hon’ble National Company Law Appellate Tribunal, New Delhi (NCLAT) in
Company Appeal (AT) (Ins) No. 2040 of 2024. However, in the said Appeal an


INTERIM ORDER

dated 07-11-2024 came to be passed, whereby no stay has been
granted on the aforesaid order dated 24-10-2024 passed by the NCLT and the
moratorium is continued, however, it was permitted to carry out the construction


Complaint No. CC12400395


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on site.

6. In view thereof, as recorded in the order dated 28-10-2024 passed by the NCLT,
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;
applies to the promoter herein.

7. In view of the above, the institution of suits or continuation of pending suits or
proceedings against the promoter including execution of any

JUDGMENT

, decree or
order in any court of law, tribunal, arbitration panel or other authority is
prohibited.

8. In view of the above, the MahaRERA cannot proceed to decide this complaint filed
by the complainant-allottees against the promoter at this stage and hence the
present complaint is adjourned sine die. However, meanwhile the respondent may
file its reply to the complaint and the complainants may file their rejoinder to the
said reply of the respondent.

9. However, liberty is granted to the complainant - allottees to approach MahaRERA
after final disposal of the said insolvency proceeding pending against the
respondent if need be.


(Mahesh Pathak)
Member – 1/MahaRERA