Complaint No. CC001000000090410


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

Complaint No. CC001000000090410


Mr. Manohar Wasudeorao Taide


... Complainant/s

Versus

Naresh Jagumal Karda, Director Shri Sainath Land &

Development (I) Pvt.Ltd.


... Respondent/s


MahaRERA Project Registration No. P51600012149


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

Ld. Adv. Tejas Navandhar appeared for the complainant.
Ld. Adv. Mayura Marathe appeared for the respondent.


INTERIM ORDER


(Monday, 1st January, 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 08-11-2023 mainly seeking various reliefs from the
MahaRERA such as interest for non-execution of the sale deed etc under the
provisions of the Real Estate (Regulation & Development) Act, 2016
(hereinafter referred to as ‘RERA’) in respect of the booking of a Shop
bearing No.28 in the respondent’s registered project known as “Hari
Nakshatra Phase- 1, ” bearing MahaRERA registration no. P51600012149 is
located at Deolaligaon, Nashik.

2. This complaint was heard today as a “First Hearing Matter” as per the


Complaint No. CC001000000090410


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Standard Operating Procedure dated 12-06-2020 issued by the MahaRERA
for hearing complaints through Video Conferencing. Both the parties have
been issued prior intimation of this hearing. Accordingly, both the parties
appeared and made their respective submissions.

3. During the course of hearing, on bare perusal of the documents uploaded
by the complainant in this online complaint the MahaRERA has noticed that
the NCLT proceedings have started against the respondent-promoter and
CIRP has been appointed vide an order dated 20-10-2023 passed by the
Hon’ble National Company Law Tribunal in Company Petition (IB)
No.312/MB-IV/2023 filed by LIC Housing Finance Ltd against the
respondent promoter.

4. Both the parties confirmed the aforesaid order dated 22-10-2023 passed by
the Hon’ble National Company Law Tribunal during the hearing today.

5. On bare perusal of the said order passed by the Hon’ble National Company
Law Tribunal, it appears that in para-6 (a) (i) of the said order it is directed
that 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 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 aforesaid direction issued by the Hon’ble National
Company Law Tribunal, the MahaRERA cannot proceed to decide this
complaint against the respondent at this stage and hence the present


Complaint No. CC001000000090410


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complaint is adjourned sine die.

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

(Mahesh Pathak)
Member – 1/MahaRERA