BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020


Complaint No. CC006000000196596


MALHARI BABAN GAYKE
…COMPLAINANT
VS

XRBIA WARAI DEVELOPERS
PRIVATE LIMITED


...RESPONDENT

MahaRERA Project Registration No. P52000002246

ORDER
(18.06.2025)
(Date of Hearing: 07.08.2024)


Coram: Shri. Ravindra Deshpande, Hon’ble Member 2, MahaRERA

Adv. Nihant Panicker for the Complainant
None for Respondent

1. ​ The Complainant has filed the above complaint before the MahaRERA
on 14.08.2021 seeking directions from MahaRERA against the
Respondent to refund the booking amount and to withdraw from the
project.

2. ​ This complaint was heard by this Bench on 07.08.2024. In the hearing
dated 07.08.2024, the Advocate for the Complainant submitted that AFS
was executed on 11.10.2017. The Possession date was mentioned as

31. 03.2020. To date, OC has not been received. The Complainant
submitted that he would like to withdraw from the project. The
Complainant paid the amount of Rs. 19,63,217/-. The Advocate for the
Complainant submitted that an Order under section 18 may be passed
in favour of the Complainant. The parties were given liberty to upload
written arguments if any on or before 21.08.2024. Thereafter, the matter
was reserved for Order.
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3. ​ The Complainant has uploaded the Application dated 21.08.2024, wherein the
Complainant informed about the Respondent going under the NCLT
proceeding and also informed about filing a claim before CIRP. On perusal of
the claim, it is observed that the Complainant has filed the same reliefs as
prayed for before this Authority with the CIRP along with other reliefs. Hence,
the MahaRERA has perused the available record.

4. ​ On bare perusal of the website of the Insolvency and Bankruptcy Board of
India , the MahaRERA has noticed that on 28.06.2024 , the Hon’ble National
Company Law Tribunal Mumbai (NCLT) has passed an order in C.P. No.
281/MB/2024 filed by Titan Contracting Services LLP, 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.

5. ​ That the NCLT Mumbai bench I in para 22 of the said order dated 28.06.2024
passed by it has declared moratorium against the Corporate Debtor under
section 14 of IBC.

6. ​ The aforesaid Petition is still pending before the National Company Law
Tribunal Mumbai Bench-I. Moreover, the order dated 28.06.2024 passed by the
NCLT in C.P. No. 281/MB/2024 has not yet been set aside.

7. ​ In view thereof, as recorded in the order dated 28.06.2024 passed by the NCLT,
Section 14 of the Code, mandates a moratorium on the institution and
continuation of legal proceedings against a Corporate Debtor in respect of
which an order of admission into CIRP has been passed by the Adjudicating
Authority, applies to the Respondent herein.
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8. ​ Hence the 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.

9. ​ 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. 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. The
Complainant is hereby directed to inform this Authority with regards to
the outcome of the claim filed by the Complainant in the CIRP process
so as to enable this Authority to dispose of the present complaint
accordingly.


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(Ravindra Deshpande)
Member-2, MahaRERA

Date : 18.06.2025


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RAVINDRA
PADMAKARAO
DESHPANDE
Digitally signed by RAVINDRA
PADMAKARAO DESHPANDE
Date: 2025.06.18 17:15:19
+05'30'