Complaint No. CC006000000282208


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI


Complaint No. CC006000000282208

Rajendra Saremal Gandhi


... Complainant

Versus

M/s Sheltrex Karjat Pvt. Ltd


... Respondent

MahaRERA Project Registration No. P51800012221


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

Ld. Adv. Parth K. Mehta i/b Mr.Prasad Apte appeared for the complainant.
None appeared for the respondent.


INTERIM ORDER


(Wednesday, 20th March 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 07-08-2022, mainly seeking reliefs from MahaRERA against
the respondent - promoter to refund the entire consideration amount paid by
him along with interest and compensation as prescribed under the provisions
of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred
to as ‘RERA’) in respect of the booking of the flat no. 907, 9th Floor in Building
Known as “Y13” in the respondent’s registered project known as “Sheltrex
Smart Phone City Project 2 - Phase II” bearing MahaRERA registration No.
P51800012221 located at Karjat, 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 and they were also informed to file their


Complaint No. CC006000000282208


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written submissions if any. Accordingly, the complainant appeared and made
his submissions. However, despite the notice of hearing, the respondent
remained absent. The MahaRERA heard the arguments of the complainant and
also perused the available records.

3. After hearing the arguments of both the complainant, the following Roznama
was recorded in this complaint –
“The complainant is present. The respondent is absent. The complainant
has filed this complaint for refund along with interest and compensation for
delay although admittedly, there is no date of possession mentioned in the
agreement for sale of October, 2016. However, the project is still incomplete
and the project registration has also lapsed. Therefore, the complainant has
prayed for refund along with interest and compensation for delay. The
respondent is directed to file reply to this complaint within a period of three
weeks i.e. by 10-4-2024 and also take steps to extend the project registration.
The complainant may file a rejoinder to the reply of the respondent within a
further period of three weeks i.e by 1-5-2024. The matter is adjourned to a
suitable date after 1-5-2024 for further hearing. The registry is also directed to
confirm whether any NCLT proceedings are instituted against the respondent
company. Accordingly, further hearing will be fixed after such verification.”

4. However, in the present case after perusing the available record, the
MahaRERA has noticed that the respondent’s company viz. Sheltrex Karjat
Pvt. Ltd is developing this project. However, NCLT proceeding was
initiated against the respondent’s company and the CIRP was appointed.

5. Further, from the available record, the MahaRERA has noticed that on 01-
02-2023, the Hon’ble National Company Law Tribunal Mumbai has passed
an order in CP (IB) No. 3126/MB/2019 filed by Positive Rays Events


Complaint No. CC006000000282208


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Private Limited, i.e., the Financial 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. In view thereof, 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.

7. 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.

8. 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, the respondent may facilitate
the complainant to file his claim before the CIRP if any.

9. 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