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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC006000000408377

Shankar Bhanudas Suryawanshi


... Complainant

Versus

Omkar Andheri Realtors Pvt Ltd,
Nirman Realtors Pvt Ltd,
Golden Age Infrastructure,
Vimal Associates


... Respondents

2. Complaint No. CC006000000479847

Manomay Ventures Pvt Ltd


... Complainant

Versus

Mr. Mohan Adhimoolam


... Respondent

3. Complaint No. CC006000000479849

Manomay Ventures Pvt Ltd


... Complainant

Versus

Mr. Akash Vijay Shah


... Respondent

4. Complaint No. CC006000000479850

Manomay Ventures Pvt Ltd


... Complainant

Versus

Mr. Jay Shankar Shukla


... Respondent

5. Complaint No. CC006000000479851

Manomay Ventures Private Limited


... Complainant

Versus

Yashant Sankappa Shetty &
Mrs. Bharathi Yashwant Shetty


... Respondent

6. Complaint No. CC006000000500636

Wakil Ahmad,Aatir Wakil through POA holder Wakil Ahmad ... Complainant

Versus

CC006000000408377 and 6 Other Complaints

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Omkar Ventures Pvt. Ltd.,
Golden Age Infrastructure,
Vimal Associates,
Manomay Ventures Pvt. Ltd.


... Respondents

7. Complaint No. CC006000000591298

VSN Pratyusha Tadikamalla


... Complainant

Versus

Omkar Ventures Private Limited


... Respondent


MahaRERA Project Registration No. P51800014037


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

Ld. Adv. Ajay Yadav appeared for the complainant -allottee at Sr. No. 1.
Ld. Adv. Bansari Bhanushali appeared for the complainant -promoter in complaints
at Sr. Nos. 2 to 5.
Ld. Adv. Kush Gala i/b Adv. Taranjit Singh appeared for the complainant -allottee
in complaint at Sr. No. 6.
Ld. Adv. Sujata Angadi i/b Law Veritas appeared for the complainant -allottee in
complaint at Sr. No. 7.
Ld. Adv. Bansari Bhanushali i/b Namrata Powalkar appeared for the respondent in
complaints at Sr. Nos. 1, 6 and 7.
Ld. Adv. Prashant Chauhan appeared for the respondent in complaint at Sr. No.2.
Ld. Adv. Amar Khanna appeared for the respondent-allottee in complaint at Sr. No

3. None appeared for the respondent-allottees in complaints at Sr. Nos. 4 and 5.


INTERIM ORDER


(Wednesday, 13th November 2024)

(Through Video Conferencing)

CC006000000408377 and 6 Other Complaints

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1. The complainants above named have filed the above complaints before the
MahaRERA seeking reliefs as prayed in their respective complaints under various
provisions of the Real Estate (Regulation & Development) Act, 2016 (hereinafter
referred to as ‘RERA’) in respect of the promoter’s registered project known as
“Lawns And Beyond - Phase 3, Omkar International District” bearing
MahaRERA registration No. P51800014037 located at Malad, Mumbai.

2. These complaints are filed by allottees against the promoter seeking reliefs under
section 18 of the RERA ( sr. nos. 1, 6 and 7) and the promoter against the allottees
seeking reliefs under section 19(6) of the RERA (sr. nos. 2 to 5). However, these
complaints being filed with respect to the said project , the same 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 and they were also informed to file their written submissions if any.
Accordingly, both the parties appeared as per their appearance recorded above
and made their submissions.

3. However, during the course of hearing, the promoter in all these complaints has
informed the MahaRERA that the NCLT proceeding has been initiated against the
promoter viz M/s. Manomay Ventures Pvt Ltd ( Earlier known as Omkar
Ventures Pvt Ltd) (hereinafter referred to as the ‘promoter’ for the sake of brevity)
under the Insolvency & Bankruptcy (Application to Adjudicating Authority)
Rules, 2016. Hence, it has claimed that these complaints cannot be proceeded
further. Hence, the MahaRERA has perused the available record.

4. On bare perusal of the website of the Insolvency and Bankruptcy Board of India ,
the MahaRERA has noticed that on 28-10-2024, the Hon’ble National Company
CC006000000408377 and 6 Other Complaints

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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.

5. 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 24-10-2024 passed by the NCLT and the
moratorium is continued, however, it was permitted to carry out the construction
on site.

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

7. Hence 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.

8. In view of the above, the MahaRERA cannot proceed to decide these complaints
filed by the allottees against the promoter (sr. nos. 1, 6 and 7) and also complaints
filed by the promoter against the allottees (sr. nos. 2 to 5) at this stage and hence
the present complaints are adjourned sine die.

CC006000000408377 and 6 Other Complaints

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9. Be that as it may, the promoter may facilitate the abovenamed allottees (as
applicable) in filing their claims if any before the IIRP appointed. However, liberty
is granted to the both promoter as well as the allottees to approach MahaRERA
after final disposal of the said insolvency proceeding pending against the
respondent if need be.

(Mahesh Pathak)
Member – 1/MahaRERA

CC006000000408377 and 6 Other Complaints