Complaint No. CC006000000194455
and 10 Other Complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC006000000194455

Kamlesh Dharamdas Merchant,
Arpan Kamlesh Merchant,
Mohita Kamlesh Merchant


... Complainant/s

Versus

Omkar Ventures Private Limited and Ors.


... Respondent/s

2. Complaint No. CC006000000194549

Vicky Vasnani


... Complainant/s

Versus

Omkar Ventures Private Limited and Ors.


... Respondent/s

3. Complaint No. CC006000000197086

Mr Deepak Kumar Arora


... Complainant/s

Versus

Omkar Ventures Private Limited and Ors.


... Respondent/s

4. Complaint No. CC006000000199066

Avanish Mehrotra,Preeti Mehrotra


... Complainant/s

Versus

Omkar Ventures Private Limited and Ors.


... Respondent/s

5. Complaint No. CC006000000210043

Omkar Ventures Private Limited


... Complainant/s

Versus

Nikhil Sangole & Tejashri Sangole & Piramal Capital & Housing finance Limited


... Respondent/s

6. Complaint No. CC006000000210023

Omkar Ventures Private Limited


... Complainant/s

Versus

Navin Chatterjee Preeti Chatterjee & Axis Bank,Navin Chatterjee Preeti Chatterjee & Axis
Bank


... Respondent/s

7. Complaint No. CC006000000210031


Complaint No. CC006000000194455
and 10 Other Complaints

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Omkar Ventures Private Limited


... Complainant/s

Versus

Vicky Vasnani & Piramal Housing Finance Limited

... Respondent/s

8. Complaint No. CC006000000210044

Omkar Ventures Private Limited


... Complainant/s

Versus

Mayank Rajpal Bhatti & Sweta M Bhatti & Axis Bank Ltd
... Respondent/s

9. Complaint No. CC006000000210084

Omkar Ventures Private Limited,Omkar Ventures Private Limited


... Complainant/s

Versus

Avanish Mehrotra & Preeti Mehrotra And Indiabulls Housing Finance Limited


... Respondent/s

10. Complaint No. CC006000000210097

Omkar Ventures Private Limited


... Complainant/s

Versus

Kajal Gadhia & Bharti Gadhia & Kunal B And Piramal Capital & Housing Finance Ltd


... Respondent/s

11. Complaint No. CC006000000591504

Ashraf Yunus Motiwala


... Complainant/s

Versus

Omkar Ventures Private Limited and Ors.


... Respondent/s


MahaRERA Project Registration No. P51800014037


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

The complainant appeared in person in the complaint at Sr. No. 1.
Ld. Adv. Aman Anand appeared for the complainant at Sr. No. 2.
Ld. Adv. Sushmita Chalke i/b Ld. Adv. Anil Dsouza appeared for the complainant
at Sr. No. 3.
Ld. Adv. Ld. Adv. Aryan kotwal appeared for the complainant at Sr. No. 4.


Complaint No. CC006000000194455
and 10 Other Complaints

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Ld. Adv. Valentina Fernandes i/b Ld. Adv. Anil Dsouza appeared for the
complainant at Sr. No. 11
Ld. Adv. Devul Dighe (IRP) appeared on behalf of the promoter in all the complaints.


INTERIM ORDER


(Tuesday, 22nd April 2025)

(Through Video Conferencing)


1. The complainants above named have filed these 5 separate online complaints (at
Sr. Nos. 1, 2, 3, 4 and 11) before the MahaRERA seeking directions from the
MahaRERA to the respondent – promoter to refund the entire amount paid along
with interest and compensation (in complaints at Sr. Nos. 1 to 4) and to handover
the possession and also to pay interest and compensation (in complaint at Sr. No.
11) as prescribed under the various provisions of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’), in respect of the
booking of their respective flats, in the respondent- promoters’ registered project
known as “Lawns And Beyond - Phase 3, Omkar International District” bearing

MahaRERA project registration No. P51800014037
, situated at Andheri (East),
Mumbai.

2. The complainant – promoter has also filed complaints at Sr. Nos. 5 to 10 before the
MahaRERA on 16-02-2024 mainly seeking directions from MahaRERA to the
respondent – allottees to pay the balance consideration amount with interest as
prescribed under the provisions of the Real Estate (Regulation & Development)
Act, 2016 (hereinafter referred to as ‘RERA’) in respect of the booking of respective
flats by the respondent – allottees, in the complainant- promoter’s registered
project known as “Lawns And Beyond - Phase 2, Omkar International District”
bearing
MahaRERA project registration No. P51800014105
situated at Andheri


Complaint No. CC006000000194455
and 10 Other Complaints

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(East), Mumbai.

3. These complaints were clubbed together and 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, and they were also informed to file their
written submissions if any.

4. Accordingly, both parties appeared and made their submissions as per their
appearances recorded in the cause title.

5. During the course of hearing, the IRP ( appointed on behalf of the promoter viz
M/s. Omkar ventures Pvt Ltd) has stated that there is an order dated 28-10-2024
passed by the NCLT in Company Petition no. CPIB/3521/MB/2019 under
proceedings of I & BC and the said IRP has been appointed in respect of the
respondent (except the financial institution- as applicable).

6. Hence the MahaRERA perused the website of the Insolvency and Bankruptcy
Board of India. On bare perusal of the same, 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. 7.
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


Complaint No. CC006000000194455
and 10 Other Complaints

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granted on the aforesaid order dated 28-10-2024 passed by the NCLT and the said
moratorium is continued, however, the promoter was permitted to carry out the
construction on site.

8. In view thereof, as recorded in the said order dated 28-10-2024 passed by the
NCLT, Section 14 of the Code, mandates a moratorium on the institution and
continuation of legal proceedings against a Corporate Debtor (promoter herein)
in respect of which an order of admission into CIRP has been passed by the
Adjudicating Authority; applies to the promoter herein.

9. In view of the above, the 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.

10. In view of the above, the MahaRERA cannot proceed to decide these complaints
filed by the complainant-allottees against the promoter as well as the promoter
against the allottees at this stage. Hence, the present complaints are adjourned
sine die. However, meanwhile the promoter may file its reply to the complaints
filed by the complainant-allottees allottees ( sr. nos. 1 to 4 and 11) and said the
complainant-allottees may file their rejoinder to the said reply of the promoter.
Also, the respondent-allottees may file their reply to the complaints filed by the
promoter ( sr. nos. 5 to 10) and the promoter may file its rejoinder to the said replies
of the respondent allottees.

11. The IRP may also facilitate the complainant-allottees (in complaints at Sr. Nos. 1
to 4) who have filed the said complaints for refund along with interest and
compensation before the MahaRERA to submit their claim before it.

12. However, liberty is granted to the complainant - allottees to approach MahaRERA


Complaint No. CC006000000194455
and 10 Other Complaints

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after final disposal of the said insolvency proceeding pending against the
respondent if need be.


(Mahesh Pathak)
Member – 1/MahaRERA