Complaint No. CC006000000397367
and 6 Other Complaints

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC006000000397367

Mahendra Kanaiyalal Shah


... Complainant/s

Versus

Omkar Ventures Pvt. Ltd.


...
Respondent/s

2. Complaint No. CC006000000480338

Karan Mehta,
Sneha Mahant


... Complainant/s

Versus

Manomay Ventures Private Limited,
Omkar Realtors Andheri Project Private Limited,
Nirman Realtors Private Limited,
Golden Age Infrastructure,
Vimal Associates


... Respondent/s

3. Complaint No. CC006000000591462

Sunil Vasudev Kamath


... Complainant/s

Versus

Manomay Ventures Pvt Ltd


... Respondent/s

4. Complaint No. CC006000000580931

Rameshchand Manikchand Mittal,
Suman Rameshchand Mittal


... Complainant/s

Versus

Omkar Ventures Pvt Ltd.,
Omkar Realtor Andheri Project Pvt Ltd.,
Nirman Realtors Pvt Ltd.,
Golden Age Aashiyaan Pvt Ltd,


Complaint No. CC006000000397367
and 6 Other Complaints

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M/S Vimal Associates


... Respondent/s

5. Complaint No. CC12400108

Sachin Avhad


... Complainant/s

Versus

Omkar Ventures Pvt. Ltd.


... Respondent/s

6. Complaint No. CC12400555

Rudra Goswami


... Complainant/s

Versus

Omkar Ventures Pvt. Ltd.,
Nirman Realtors Pvt Ltd (Respondent),
Golden Age Infrastructures (Respondent),
Vimal Associates (Respondent)


... Respondent/s

7. Complaint No. CC006000000429276

Manomay Ventures Pvt Ltd


... Complainant/s

Versus

Gautam Sharma


... Respondent/s


MahaRERA Project Registration No. P51800014105


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

Ld. Adv. Raghav Sharma appeared for the complainant at Sr. No. 1.
Ld. Adv. Hrutik Patil appeared for the complainant at Sr. No. 2.
Ld. Adv. Yogesh Patki appeared for the complainant at Sr. No. 3.
Ld. Adv. Chetan Hadolikar appeared for the complainant at Sr. No. 4.
Ld. Adv. Amit Karle appeared for the complainant at Sr. No. 5.
Ld. Adv. Valentina Fernandes i/b Ld. Adv. Anil Dsouza appeared for the
complainant at Sr. No. 6.
Ld. Adv. Devul Dighe (IRP) appeared on behalf of the complainant at Sr. No. 7.
Ld. Adv. Devul Dighe (IRP) appeared on behalf of the respondent in the complaints
at Sr. Nos. 1 to 6.


Complaint No. CC006000000397367
and 6 Other Complaints

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None appeared for the respondent – allottees in the complaint at Sr. No. 7.


INTERIM ORDER


(Tuesday, 22nd April 2025)

(Through Video Conferencing)


1. The complainant-allottees above named have filed these 6 separate online
complaints (at Sr. No. 1 to 6) before the MahaRERA seeking directions from the
MahaRERA, to the respondent – promoters to refund the entire amount paid
along with interest and compensation (for the complaints at Sr. Nos. 1 to 5) and to
handover the possession and also to pay interest and compensation (at Sr. No. 6)
as prescribed under the various provisions 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 – promoters’ registered project
known as “Lawns And Beyond - Phase 2, Omkar International District” bearing

MahaRERA project registration No. P51800014105
, situated at Andheri (Eats),
Mumbai.

2. The complainant – promoter has also filed a complaint at Sr. No. 7 before the
MahaRERA on 16-02-2024 seeking directions from MahaRERA to the respondent
– allottee to pay the balance consideration amount with interest as prescribed
under the provisions of the Real Estate (Regulation & Development) Act, 2016
(hereinafter referred to as ‘RERA’), in respect of the booking of a flat by the
respondent – allottee bearing No. 0401 in B Wing, in the complainant- promoter’s
registered project known as “Lawns And Beyond - Phase 2, Omkar International
District” bearing
MahaRERA project registration No. P51800014105
, situated at
Andheri (East), Mumbai.

3. These complaints were clubbed together and heard by the MahaRERA today as


Complaint No. CC006000000397367
and 6 Other Complaints

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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
written submissions if any.

4. Accordingly, both parties appeared and made their submissions as per their
appearances recorded in the cause title mentioned above.

5. During the course of hearing, the IRP ( appointed on behalf of the promoter viz
M/s. Omkar ventures Pvt Ltd) has stated that there is an order dated 28-10-2024
passed by the NCLT in Company Petition no. CPIB/3521/MB/2019 under
proceedings of I & BC and the said IRP has been appointed in respect of the
respondent (except the financial institution- as applicable).

6. Hence the MahaRERA perused the website of the Insolvency and Bankruptcy
Board of India. On bare perusal of the same, the MahaRERA has noticed that on
28-10-2024, the Hon’ble National Company Law Tribunal Mumbai (NCLT) has
passed an order in C.P. No. CPIB/3521/MB/2019 filed by Satellite Developers Pvt
Ltd, i.e., the Financial Creditor therein, against the promoter herein, thereby
admitting the promoter herein into Corporate Insolvency Resolution Process
(CIRP) in accordance with the provisions of the Insolvency and Bankruptcy Code,

2016. 7.
Thereafter, the promoter has challenged the said order dated 28-10-2024 before the
Hon’ble National Company Law Appellate Tribunal, New Delhi (NCLAT) in
Company Appeal (AT) (Ins) No. 2040 of 2024. However, in the said Appeal an


INTERIM ORDER

dated 07-11-2024 came to be passed, whereby no stay has been
granted on the aforesaid order dated 28-10-2024 passed by the NCLT and the said
moratorium is continued, however, the promoter was permitted to carry out the


Complaint No. CC006000000397367
and 6 Other Complaints

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construction on site.

8. In view thereof, as recorded in the said order dated 28-10-2024 passed by the
NCLT, Section 14 of the Code, mandates a moratorium on the institution and
continuation of legal proceedings against a Corporate Debtor (promoter herein)
in respect of which an order of admission into CIRP has been passed by the
Adjudicating Authority; applies to the promoter herein.

9. In view of the above, the institution of suits or continuation of pending suits or
proceedings against the promoter including execution of any

JUDGMENT

, decree or
order in any court of law, tribunal, arbitration panel or other authority is
prohibited.

10. In view of the above, the MahaRERA cannot proceed to decide these complaints
filed by the complainant allottees against the promoter as well as the promoter
against the allottee at this stage. Hence, the present complaints are adjourned sine
die.

11. However, meanwhile the promoter may file its reply to the complaints filed by
the complainant-allottees allottees ( sr. nos. 1 to 6) and the said complainant-
allottees may file their rejoinder to the said reply of the promoter. Also, the
respondent-allottee may file a reply to the complaint filed by the promoter ( sr.
no. 7) and the promoter may file its rejoinder to the said reply of the respondent
allottee.

12. The IRP may also facilitate the complainant-allottees (in complaints at Sr. Nos. 1
to 5) who have filed the said complaints for refund along with interest and
compensation before the MahaRERA to submit their claim before it.

13. However, liberty is granted to the complainant - allottees to approach MahaRERA


Complaint No. CC006000000397367
and 6 Other Complaints

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after final disposal of the said insolvency proceeding pending against the
respondent if need be.

(Mahesh Pathak)
Member – 1/MahaRERA