Complaint nos
. CC12501173

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

Complaint No. CC12501173

Mrs. Linda Ann Eustace Dsouza
Mr. Eustace Allav D’souza


... Complainants

Versus

Xrbia Warai Developers Private Limited


... Respondent


MahaRERA Project Registration No. P52000002828


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

Both the parties are absent.


INTERIM ORDER


(Monday, 05th May 2025)

(Through Video Conferencing)


1. The complainants above named have filed this complaint before the
MahaRERA on 08-04-2025 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 flat bearing No. 206 on second floor in D-3 in the respondent –
promoter’s registered project known as “Xrbia Warai / Neral - Ph 1,” bearing
MahaRERA registration No. P52000002828, located at Warai, Raigarh.

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. However, despite notice, both the parties
remained absent. Hence, the MahaRERA perused the available record.


Complaint nos
. CC12501173

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3. However, in the present case on bare perusal of the website of Insolvency and
Bankruptcy Board of India, the MahaRERA has prima facie noticed that the
Titan Contracting Services LLP has filed Company Petition No. CP (IB) No.281
of 2024 against the respondent promoter under Section 9 of the I&B Code, 2016.

4. From the available record, the MahaRERA has further noticed that on 28-06-
2024, the Hon’ble National Company Law Tribunal Mumbai (NCLT) has
passed an order in CP (IB) No.281 of 2024 filed by Titan Contracting Services
LLP , i.e., the Financial / Operational 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.

5. Further, as recorded in para 22 (i) 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. In view of the above, the MahaRERA cannot proceed to decide this complaint
against the respondent at this stage and hence the present complaint is
adjourned sine die. In the meantime, the complainants may pursue their claim
for refund before the CIRP if they so desire. The respondent is also directed to


Complaint nos
. CC12501173

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facilitate the complainants to get their claims filed before the IRP appointed as
per the aforesaid NCLT order dated 28-06-2024.

7. 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