Complaint No. CC006000000408441


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY
AUTHORITY, MUMBAI


Complaint No. CC006000000408441

Tanmay Laxmikant Bhagare


... Complainant/s

Versus

Karrm Infrastructure Pvt Ltd


... Respondent/s


MahaRERA Project Registration No. P51700010325


The complainant appeared in-person.
None appeared for the respondent/s.


ORDER
(Monday, 01st July 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 06-06-2024 mainly seeking directions from MahaRERA to the
respondent - promoter to refund the entire amounts along interest and
compensation 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 bearing no. 104, building no. 3-Wing -B in the
table below) in the respondent - promoter’s registered project known as
“KARRM
PANCHTATVA-2”
bearing
MahaRERA
registration
No.
P51700010325 located at Kasagaon, Dist. Thane.

2. This complaint was heard by the MahaRERA today 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. Accordingly, the complainant appeared and
made his submissions. However, despite notice, none appeared for the
respondent. Hence, the MahaRERA has perused the available record.


Complaint No. CC006000000408441


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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
M/s. VSJ Investment Pvt Ltd has filed Company Petition No. CP (IB)
No.651/MB/2023 against the respondent promoter under Section 7 of the I&B
Code, 2016 agitating claim of Rs.290,84,45,956.84/- against the respondent
promoter.

4. From the available record, the MahaRERA has further noticed that on 29-02-
2024, the Hon’ble National Company Law Tribunal Mumbai (NCLT) has
passed an order in CP (IB) No. CP (IB) No.651/MB/2023 filed by M/s. VSJ
Investment Pvt Ltd , i.e., the Financial 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 (d) 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. However, although the complainant appeared for the hearing today, he has
informed the MahaRERA that he is not aware of such NCLT proceeding filed
against the respondent promoter.


Complaint No. CC006000000408441


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7. However, the said crucial fact about the appointment of CIRP in respect of the
respondent’s company cannot be ignored by the MahaRERA.

8. Be that as it may, in the present case, in view of the aforesaid order passed by
the NCLT, the MahaRERA cannot proceed to decide this complaint against
the respondent at this stage and hence the present complaint is adjourned sine
die. In the meantime, the complainant may pursue his claim for refund before
the CIRP if he so desires.

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.


(Mahesh Pathak)
Member – 1/MahaRERA