Complaint nos
. CC006000000591284

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI

1. Complaint No. CC006000000408213

Narendra Kumar,Preeti Narendra


... Complainant

Versus

Xrbia Warai Developers Private Limited


... Respondent

2. Complaint No. CC006000000428690

Madhumati Girish Shetty


... Complainant

Versus

Xrbia Developers Pvt Ltd
(as per complaint)
(Xrbia Warai Developers Private Limited as per the website of MahaRERA)


... Respondent


MahaRERA Project Registration No. P52000004499


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

Ld. Adv. Sushmita Chalke i/b Ld. Adv. Anil Dsouza appeared for the
complainant at Sr. No. 1.
None appeared for the complainant at Sr. no. 2.
None appeared for the respondent.


INTERIM ORDER


(Tuesday, 07th January 2025)

(Through Video Conferencing)


1. The complainants above named have filed these two sperate complaints before
the MahaRERA mainly seeking directions from MahaRERA, to the respondent
– promoter, to refund the entire amount paid by them along with interest and
compensation as per the provisions of the Real Estate (Regulation &
Development) Act, 2016 (hereinafter referred to as ‘RERA’), in respect of the
bookings of their respective flats in the respondent – promoter’s registered


Complaint nos
. CC006000000591284

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project known as “Xrbia Warai / Neral - Ph 2,” bearing MahaRERA registration
No. P52000004499, located at Warai, Raigarh.

2. These complaints were 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 complainant in the complaint
at Sr. No. 1 appeared and made his submissions. However, despite notice, the
complainant in the complaint at Sr. No. 2 and the respondent remained absent.
The MahaRERA heard the submissions of the complainant in the complaint at
Sr. No. 1 and also perused the available record.

3. 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.

4. 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 viz Xrbia Warai Developers Private
Limited (which has registered the said project with the MahaRERA and it is
wrongly mentioned as Xrbia Developers Private Limited in complaint at sr. no.
2) 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


Complaint nos
. CC006000000591284

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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. 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 (who appeared
for the hearing) have ever informed MahaRERA about the aforesaid order
passed by the NCLT. However, 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 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
final disposal of the said insolvency proceeding pending against the respondent
if need be.


(Mahesh Pathak)
Member – 1/MahaRERA