Complaint No. CC005000000269379

CC005000000471461

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC005000000269379

Parshuram Ambadas Gaikwad
Mangal Parshuram Gaikwad


... Complainants

Versus

Ms Calyx Lenora Realty LLP


... Respondent

2. Complaint No. CC005000000471461

Atulya Raghukul Apartment Association,
Sachin Sahebrao Take,
Nitin Suryakant Sawant,
Ganesh Vasudeovrao Kulkarni


... Complainants

Versus

Calyx Lenora Realty LLP


... Respondent

MahaRERA Project Registration No. P52100018380


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

Ld. Adv. Sagar Dengale appeared for the complainants at sr. no. 1.
None appeared for the complainants at sr. no. 2.
Ld.Adv. Nilesh Borate appeared for the respondent


INTERIM ORDER


(Tuesday, 12th November 2024)

(Through Video Conferencing)


1. The complainants above named have filed these 2 separate online complaints
before the MahaRERA on 31-08-2023 seeking various reliefs from MahaRERA as
prescribed under the provisions of the Real Estate (Regulation & Development)
Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the respondent’s


Complaint No. CC005000000269379

CC005000000471461

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registered project known as “Atulya Raghukul Bldg - A” bearing MahaRERA
registration No. P52100018380 located at Haveli, Dist. Pune.

2. These complaints were heard by the MahaRERA on 6-11-2024 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, the complainants (in sr. no. 1) and the respondent
appeared and made their submissions. However, despite the notice of hearing, the
complainants at sr. no. 2 remained absent.

3. After hearing the submissions made by both the parties, the following common
roznama was passed in these complaints on 6-11-2024:-
“Both
the
parties
are
present
except
the
complainant
in
s.no.16
(CC005000000471461).
The respondent has mentioned during the hearing that vide an NCLT order issued
sometime in 2023, the respondent herein has been admitted into insolvency as per the
IBC. The respondent undertakes to upload the order in this respect immediately. The
registry may also verify the said fact as in case an order has been issued then the
moratorium would already have come into effect and therefore these complaints would
have to be adjourned sine die till the said proceedings before the NCLT are completed.
The above fact is subject to verification as mentioned above. However, the respondent
may facilitate the complainants in filing the necessary claims before the IIRP
appointed. Accordingly, this matter is reserved for orders.

4. As directed above, the respondent has submitted the copy of order dated 06-06-
2023 passed by the Hon’ble National Company Law Tribunal Mumbai (NCLT)


Complaint No. CC005000000269379

CC005000000471461

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has passed an order in CP No. 204/ MB-IB / 2021 filed by M/s. Madhura Infra
Engineering Limited on record of MahaRERA.

5. On bare perusal of the said order, it appears that on 06-06-2023 the Hon’ble
National Company Law Tribunal Mumbai (NCLT) has passed an order in CP No.
204/ MB-IB / 2021 filed by M/s. Madhura Infra Engineering Limited, i.e., the
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

6. Further, as recorded in para 4 (of the operative part) 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.

7. In the present case, in view of the aforesaid order passed by the NCLT, the
MahaRERA cannot proceed to decide these complaints against the respondent at
this stage and hence the present complaints are adjourned sine die. In the
meantime, the complainants may pursue their claim for refund before the CIRP if
they so desire.


Complaint No. CC005000000269379

CC005000000471461

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8. 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