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BEFORE THE MAHARASHTRA
REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

1. COMPLAINT NO. CC006000000303158

VIJAY RAMMURAT SINGH
…COMPLAINANT
VS

1. J P INFRA MUMBAI PRIVATE LIMITED

2. ACME REALTIES PRIVATE LIMITED

…RESPONDENTS
a/w

2. COMPLAINT NO. CC006000000396025

1. ANOOP CHOKHANI

2. JAIGOVIND CHOKHANI

…COMPLAINANTS
VS

1. KEEMAYA DEVELOPERS PRIVATE LIMITED

2. J P INFRA MUMBAI PRIVATE LIMITED

3. ACME REALTIES PRIVATE LIMITED


…RESPONDENTS


MAHARERA PROJECT REGISTRATION NO. P51800001690


INTERIM ORDER


(Maintainablility)

April 17th, 2025
(Date of hearing – 01.04.2025)


Coram: Manoj Saunik, Chairperson, MahaRERA

Adv. Shivang Mishra i/b Anil D’Souza present for complainant in complaint at sr. no. 1,
Adv. Pooja Idgar i/b Anil D’Souza present for complainants in complaint at sr. no. 2.
Adv. Abir Patel present for respondent no. 1 in complaint at sr. no. 1
& respondent no. 2 in complaint at sr. no. 2.
Adv. Gitika Makhija present for respondent no. 2 in complaint at sr. no. 1
& respondent no. 3 in complaint at sr. no. 2.

1. The complainants are allottees within the meaning of Section 2 (d) of the Real Estate
(Regulation and Development) Act, 2016 (hereinafter referred to as the “Act”) of Real
Estate Regulatory Authority (hereinafter referred to as the “RERA”) and the
respondents are promoters within the meaning of Section 2 (zk) of the Act who have
registered a project namely “BOULEVARD TOWER 5” under Section 5 of the Act
bearing
MAHARERA Project Registration No. P51800001690
(hereinafter referred to
as the “Project”).


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2. On the MahaRERA Project registration webpage the proposed completion date is

30. 12.2022 and revised completion date is 30.12.2023. The promoter has not applied for
extension of the Project. The Project has lapsed since 30.12.2023. The Project has not
received occupation certificate.

3. The complainants seek that all the respondents in all the complaints be maintained as
respondents as the necessary parties to the complaints. That the complainants have
claims against each of the respondents impleaded. However, ACME REALTIES
PRIVATE LIMITED in its self-declaration dated 27.01.2023 states as follows:
QUOTE
The Majaswadi Sarvodaya Nagar Sahakari Gruh Nirman Sanstha Ltd. ("'Society") had sent us
a termination notice and published a Public Notice about the termination on 2 November 2022
to which we have already replied vide Public Notice issued by our Advocate published on 4th
November 2022 in Times of India and Other newspapers, the contents of the same are self-
explanatory. We had moved the matter before the Hon'ble High Court vacation bench and the
Hon'ble High Court was pleased to record the minutes of order on record on 7th November 2022
and the Hon'ble High Court has referred the matter to Arbitration. The matter is subjudice before
Hon'ble Arbitrator and if there is any update in the concerned matter, the same will be shared
with the concerned stakeholders in the Project.
UNQUOTE
In addition to that the respondent no. 2 in the complaint at sr. no. 1 & respondent no. 3
in the complaint sr. no. 2 namely ACME REALTIES PRIVATE LIMITED is facing CIRP
proceedings before the NCLT. Further, there is an NCLT order dated 21.02.2024,
relevant part is perused herein:
QUOTE
a. The above Company Petition (IB) 324(MB)/2023 is allowed and initiation of Corporate
Insolvency Resolution Process (CIRP) is ordered against M/s. Acme Realties Private
Limited.
b. This Bench appoints Mr. Subodh Kumar Agrawal, having Registration No: IBBI/IPA-
001/IP-P-00087/2017-2018/10183, email: subodhka@gmail.com; Address: 1, Ganesh
Chandra Avenue, 3rd Floor, Room No-301, Kolkata- 700013 as the Interim Resolution
Professional to carry out the functions as mentioned under the Insolvency & Bankruptcy
Code, 2016.

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c. The Financial Creditor shall deposit an amount of Rs. 5 Lakh towards the initial CIRP cost
by way of a Demand Draft drawn in favour of the Interim Resolution Professional appointed
herein, immediately upon communication of this Order.
d. That this Bench hereby directs operation of moratorium under section 14 of Insolvency and
Bankruptcy Code, 2016 and prohibits the following:
a. the institution of suits or continuation of pending suits or proceedings against the
corporate debtor including execution of any

JUDGMENT

, decree or order in any court of
law, tribunal, arbitration panel or other authority;
b. transferring, encumbering, alienating or disposing of by the corporate debtor any of its
assets or any legal right or beneficial interest therein;
c. any action to foreclose, recover or enforce any security interest created by the corporate
debtor in respect of its property including any action under the Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002;
d. the recovery of any property by an owner or lessor where such property is occupied by or
in the possession of the Corporate Debtor.
e. That the supply of essential goods or services to the Corporate Debtor, if continuing, shall not
be terminated or suspended or interrupted during moratorium period.
f. That the provisions of sub-section (1) of Section 14 shall not apply to such transactions as
may be notified by the Central Government in consultation with any financial sector
regulator.
g. That the order of moratorium shall have effect from the date of pronouncement of this order
till the completion of the corporate insolvency resolution process or until this Bench approves
the resolution plan under sub- section (1) of section 31 or passes an order for liquidation of
corporate debtor under section 33, as the case may be.
h. That the public announcement of the corporate insolvency resolution process shall be made
immediately as specified under section 13 of the Code.
i. During the CIRP period, the management of the corporate debtor will vest in the IRP/RP.
The suspended directors and employees of the Corporate Debtor shall provide all documents
in their possession and furnish every information in their knowledge to the IRP/RP.

49. Registry shall send a copy of this order to the concerned Registrar of Companies for updating the
Master Data of the Corporate Debtor.

50. The Registry is hereby directed to communicate this order to both the parties and to IRP
immediately. The Registry is further directed to send a copy of this order to the Insolvency and
bankruptcy Board of India for their record.
UNQUOTE

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4. The complaints were listed for hearing before this Authority on 01.04.2025 wherein the
following roznama was passed:
“All the parties were heard at length limited to the issue of maintainability as ACME REALTIES
PRIVATE LIMITED faces CIRP proceedings before NCLT. The matters are reserved for order
limited to the issue of maintainability as ACME REALTIES PRIVATE LIMITED faces CIRP
proceedings before NCLT. Further, the matters will be heard on merits on 22.04.2025.”

5. It is observed that all the complainants seek that all the respondents in all the complaints
be maintained as respondents as the necessary parties to the complaints. That the
complainants have claims against each of the respondents impleaded. However, the
respondent no. 2 in the complaint at sr. no. 1 & respondent no. 3 in the complaint sr. no.
2 namely ACME REALTIES PRIVATE LIMITED is facing CIRP proceedings before the
NCLT. Further, there is an NCLT order dated 21.02.2024. Wherein this Authority is
restricted to proceed against ACME REALTIES PRIVATE LIMITED till the completion
of CIRP proceedings.

6. The complaints were heard in order to decide on maintainability of the complaints
hearing. The complaints are not maintainable against the respondent no. 2 in the
complaint at sr. no. 1 & respondent no. 3 in the complaint sr. no. 2 namely ACME
REALTIES PRIVATE LIMITED according to the observations in paragraph no.5. The
complaints will be further heard on 22.04.2025 against the respondents namely J P
INFRA MUMBAI PRIVATE LIMITED & KEEMAYA DEVELOPERS PRIVATE
LIMITED.

7. In view thereof, the complaints are disposed against ACME REALTIES PRIVATE
LIMITED till the completion of CIRP proceedings. The complainants are given liberty
to file fresh.


Manoj Saunik
Chairperson, MahaRERA

MANOJ
SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2025.04.17
14:05:42 +05'30'