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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000395965

Diago Francis Martins


... Complainant

Versus

Xrbia Developers Ltd.


... Respondent

2. Complaint No. CC006000000397317

Daylan Dsouaz, Jobita Dsouza


... Complainants

Versus

Xrbia Developers Limited


... Respondent

3. Complaint No. CC006000000397885

Vinay Nair


... Complainant

Versus

Xrbia Developers Limited


... Respondent

4. Complaint No. CC006000000397921

Ismail Ibrahim Naik


... Complainant

Versus

Xrbia Developers Pvt. Ltd.


... Respondent


MahaRERA Project Registration No. P52000007138


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

None appeared for the complainant at Sr. No. 1 .
Adv. Gaurav Solanki i/b Ld. Adv. Anil D’Souza appeared for the complainant
at Sr. no. 2.
Ld. Adv. Tanvi Kamat appeared for the complainant at Sr. No. 3.
Ld. Adv. Hemant Yadav appeared for the complainant at Sr. No. 4.
None appeared for the respondent.


Complaint nos
. CC006000000395965 & 3 Ors

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INTERIM ORDER


(Thursday, 05th December 2024)

(Through Video Conferencing)


1. The complainants above named have filed these 4 separate online complaints
before the MahaRERA mainly seeking directions from MahaRERA, to the
respondent, to handover the possession and to pay interest for delay (in the
complaints at Sr. Nos. 2 and 3) and to refund the entire amount along with
interest and compensation (in the complaints at Sr. Nos. 1 and 4) 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 “Express City/
Khopoli Woods/ New Lonavala-Ph-1,” bearing MahaRERA registration No.
P52000007138, located at Khalapur, Raigarh.

2. These complaints were clubbed together and 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. Accordingly, the complainants
appeared and made their submissions. However, despite notice, the respondent
remained absent. The MahaRERA heard the submissions of the complainants
and also perused the available record.

3. During the course of hearing, the complainants (except in Sr. No.1) appeared for
the hearing and informed the MahaRERA that the Titan Contracting Services
LLP has filed Company Petition No. CP (IB) No. 285 of 2024 against the
respondent promoter under Section 9 of the I&B Code, 2016.Hence, the
MahaRERA has perused the available record.


Complaint nos
. CC006000000395965 & 3 Ors

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4. From the available record, the MahaRERA has noticed that on 06-08-2024, the
Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an order
in CP (IB) No. 285 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.

5. 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
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.

6. The complainants (except in sr. no. 1) have stated that they are aware of the said
NCLT proceeding filed against the respondent. Hence, the said crucial fact
cannot be ignored by the MahaRERA.

7. 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
(sr. nos. 1 and 4) may pursue their claim for refund before the CIRP if they so
desire.

8. However, liberty is granted to the complainants to approach MahaRERA after

Complaint nos
. CC006000000395965 & 3 Ors

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


(Mahesh Pathak)
Member – 1/MahaRERA

Complaint nos
. CC006000000395965 & 3 Ors