Complaint nos
. CC006000000397117 & 2 Ors

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000396791


Maya Prabhu


.... Complainant/s

Versus

Xrbia Warai Development Private Limited
…. Respondent/s
Along with

2. Complaint No. CC006000000397117

Parminder Kalia
Savita Kalia


.... Complainant/s

Versus

Xrbia Warai Development Private Limited
…. Respondent/s
Along with

3. Complaint No. CC006000000408454

Sophina Rickson Dias


.... Complainant/s

Versus

Xrbia Warai Development Private Limited
…. Respondent/s


MahaRERA Project Registration No. P52000002828


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

The complainants appeared in person (Sr. nos 1 and 3).
Ld. Adv. Rajlaxmi Punjabi in sr. no.2 for the complainants.
None appeared for the respondent.


INTERIM ORDER


(Friday, 18th October 2024)

(Through Video Conferencing)


1. The complainants above named have filed these 3 separate online complaints
before the MahaRERA on 26/07/2023 (Sr. no. 1), on 17/08/2023 (Sr. no. 2) and


Complaint nos
. CC006000000397117 & 2 Ors

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on 21/12/2023 (Sr. no. 3) mainly seeking directions from MahaRERA to the
respondent to refund the entire amount paid by them along with interest and
compensation as prescribed under the provisions of section 18 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’s registered
project known as “Xrbia Warai / Neral - Ph 1,” bearing MahaRERA registration
No. P52000002828 located at Warai, Raigarh.

2. These complaints were heard by the MahaRERA on several occasions and the
same were heard finally on 02-07-2024 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.
On the said dates of hearing, the complainants have appeared and made their
respective submissions. However, despite notice, the respondent remained
absent. The MahaRERA heard the submissions of the complainants and also
perused the available record.

3. After hearing the submissions of the complainants, the following Roznama was
recorded –
On 02/07/2024-
“The complainants are present. The respondent is absent. In fact, the respondent
has never appeared before the MahaRERA and even in the conciliation
proceedings. The respondent has also not filed any reply despite directions
neither has the project registration been extended. Therefore, the respondent is
given one last chance to file replies along with written arguments within a
period of one week i.e. by 9-7-2024 and also to take steps to extend the project
registration. The complainants may file rejoinders to the said replies along with
written arguments within a further period of one week i.e. 16-7-2024 even if the
respondent does not file any replies or written arguments. In case, the respondent
does not file any replies or written arguments, the MahaRERA will be


Complaint nos
. CC006000000397117 & 2 Ors

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constrained to decide these matters ex-parte against the respondent. The
arguments of the complainants and the details of allotments have already been
recorded in the previous hearings. In view of the above, these matters are reserved
for orders suitably after 16-7-2024 based on the arguments of the complainants
as well as the replies, rejoinders and written arguments filed in the complaint.”

4. Despite specific directions given by the MahaRERA, the respondent has not
uploaded or filed its reply on the record of the MahaRERA. Hence, the
MahaRERA has perused the available record.

5. However, in the present case on bare perusal of the website of Insolvency and
Bankruptcy Board of India, the MahaRERA has prima facie noticed that the Titan
Contracting Services LLP has filed Company Petition No. CP (IB) No.281 of 2024
against the respondent promoter under Section 9 of the I&B Code, 2016.

6. From the available record, the MahaRERA has further noticed that on 28-06-2024,
the Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an
order in CP (IB) No.281 of 2024 filed by Titan Contracting Services LLP , i.e., the
Financial / 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.

7. Further, as recorded in para 22 (i) 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


Complaint nos
. CC006000000397117 & 2 Ors

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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. However, although the said company petition was filed by Titan Contracting
Services LLP , i.e., the Financial / Operational Creditor against the respondent
herein , during the course of hearing, neither the complainants nor the
respondent have ever informed MahaRERA about the aforesaid order passed by
the NCLT. However, the said crucial fact cannot be ignored by the MahaRERA.

9. Be that as it may, in the present case, in view of the above, 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.

10. 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