Complaint No. CC12500451


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12500451

Bhushan Bhiwa Thakur


... Complainant

Versus

Omkar Ventures Pvt. Ltd.


... Respondent

MahaRERA Project Registration No. P51800017695


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

Ld. Adv. Chinmay Rane appeared for the complainant.
Ld. Adv. Aishwarya i/b Ld. Adv. Namrata Powalkar appeared for the respondent.


INTERIM ORDER


(Monday, 24th February 2025)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 11-02-2025 seeking directions from the MahaRERA, to the
respondent – promoter, for refund of the entire amount paid by him along with
compensation 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. P - 1901, 19th Floor, Wing P, Sereno B, in the
respondent - promoter’s registered project known as “Sereno-B, Omkar
International District” bearing
MahaRERA project registration No. P51800017695

situated at Malad, Mumbai.

2. This complaint was heard by the MahaRERA on 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


Complaint No. CC12500451


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intimation of this hearing and they were also informed to file their written
submissions if any. Accordingly, both the parties appeared and made their
submissions.

3. However, during the hearing, the respondent has stated that there is NCLT
proceeding, initiated against the 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 proceeded further, at this stage. Hence, the MahaRERA has perused the
available record.

4. 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
on site.

6. In view thereof, as recorded in the order dated 28-10-2024 passed by the NCLT,


Complaint No. CC12500451


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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. Hence 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 allottee - complainant against the promoter at this stage and hence the
present complaint is adjourned sine die.

9. Be that as it may, the promoter may facilitate the allottee - in filing his claim, if any,
before the IIRP appointed. However, liberty is granted to the complainant - allottee
to approach MahaRERA after final disposal of the said insolvency proceeding
pending against the respondent if need be.


(Mahesh Pathak)
Member – 1/MahaRERA