Complaint No. CC006000000397165


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI

Complaint No. CC006000000397165


Pratibha Vilas Chaudhari


...Complainant

Versus

Sheltrex Karjat Pvt Ltd


... Respondent


MahaRERA Project Registration No. P51800012307


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

The complainant appeared in person.
None appeared for the respondent.


INTERIM ORDER


(Wednesday, 20th September,2023)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before
MahaRERA on 25-08-2023, seeking directions from the MahaRERA to the
respondent to handover the possession along with compensation and
original paid amount 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 a flat bearing No. 701, X4 NANO
series, area admeasuring 210.11 sq. ft. in the respondent’s registered project
known as “Sheltrex Smart Phone City Project 2 - Phase I” bearing
MahaRERA registration no. P51800012307 located at Karjat, Dist. Raigad.

2. This complaint was heard on 18-09-2023 as per the Standard Operating
Procedure dated 12-06-2020 issued by the 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. CC006000000397165


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written submissions if any. Accordingly, the complainant appeared for the
said hearing and made its submissions.

3. After hearing the arguments of both the parties, the following Roznama
was recorded–
“First Hearing Matter” The complainant is present. The respondent is
absent. The MahaRERA has pointed out to the complainant that vide
NCLT order dated 01-02-2023 in a Company Petition bearing No. 3126 /
MB/ 2019, an IRP has been appointed. Moreover, as per the said order, a
moratorium period has come into effect. Therefore, this complaint would
have to be adjourned sine die till the said proceedings before the NCLT are
completed. Accordingly, this matter is reserved for orders.”

4. In the present case, as noticed by the MahaRERA in the other project
registered by the respondent herein viz M/s. Sheltrex Karjat Pvt Ltd
(P52000004186) that proceeding under Insolvency and Bankruptcy Code,
2016 bearing
Complaint No. C
.P. No. 3126/MB/2019 has been filed against
the present respondent by M/s. Positive Rays Events Private Limited. In
the said complaint the National Company Law Tribunal (NCLT) was
pleased to pass an order on 01-02-2023.

5. On bare perusal of the said order dated 01-02-2023 passed by the NCLT, in
favour of the Financial Creditor therein against the respondent viz
M/s. Sheltrex Karjat Private Limited (respondent which has registered this
project with the MahaRERA), the NCLT has thereby admitted the said
respondent herein into Corporate Insolvency Resolution Process (CIRP) in
accordance with the provisions of the Insolvency and Bankruptcy Code,

2016. Complaint No. CC006000000397165


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6. In view thereof, as per para (d) of the said order, in view of section 14 of the
Code, mandating a moratorium on the institution and continuation of legal
proceedings against the Corporate Debtor 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 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.

7. In the present case, the MahaRERA has noticed that the respondent
promoter viz. M/s. Sheltrex Karjat Private Limited has not uploaded the
said order dated 01-02-2023 passed by the NCLT being pending litigation
on MahaRERA website in respect of this project, which is mandatorily
required to be disclosed by the respondent under section 4 of the RERA.

8. In view of the above, the MahaRERA cannot proceed to decide this
complaint filed against the respondent (M/s. Sheltrex Karjat Private
Limited) at this stage and hence, the present complaint is adjourned sine
die.

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. The respondent viz M/s. Sheltrex Karjat Private
Limited is directed to disclose the said pending litigation of NCLT on the
MahaRERA website in this project registration number.


(Mahesh Pathak)
Member – 1/MahaRERA