Complaint nos
. CC12400875

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI


Complaint No. CC12400875

Yogesh Pratap Singh


... Complainant

Versus

Xrbia Developers Ltd.


... Respondent

MahaRERA Project Registration No. P52000007138


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

Ld. Adv. appeared for the complainant.
None appeared for the respondent.


INTERIM ORDER


(Monday, 16th December 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA mainly seeking directions from MahaRERA to the respondent to
refund the entire payment paid by the complainant along with interest and
compensation as prescribed under the provisions of section 18 of the Real Estate
(Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) in
respect of the booking of a flat bearing No. 008/ PP3 in the respondent’s
registered project known as “Express City/ Khopoli Woods/ New Lonavala-Ph-
1,” bearing MahaRERA registration No. P52000007138 located at Khalapur, Dist.
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. Accordingly, the complainant appeared and made his


Complaint nos
. CC12400875

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

3. 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. 285 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 06-08-2024,
the Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an
order in CP (IB) No. 285 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. During the course of hearing, the complainant has stated that he is aware of the
said NCLT proceeding filed against the respondent. Hence, the said crucial fact


Complaint nos
. CC12400875

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cannot be ignored by the MahaRERA.

7. Be that as it may, in the present case, 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 complainant
may pursue his claim for refund before the CIRP, if he so desires.

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.


(Mahesh Pathak)
Member – 1/MahaRERA