Complaint No. CC006000000408523


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI


Complaint No. CC006000000408523

Vikrant Vilas Bhokare


... Complainant

Versus

Nirmal Lifestyle (Kalyan) Private Limited

... Respondent


MahaRERA Project Registration No. P51700003541


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

The complainant appeared in person.
Mrs. Vaishali Mohite appeared for the respondent.


INTERIM ORDER


(Monday, 05th February 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on 17-12-2023, mainly seeking reliefs from MahaRERA against
the respondent - promoter to pay the balance consideration amount 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 in the respondent’s registered project known as “Lifestyle
City Kalyan - Platano E” bearing MahaRERA registration No. P51700003541
located at Vadavali Kh., Taluka- Kalyan, Dist. Thane.

2. This complaint was heard 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 and made their respective


Complaint No. CC006000000408523


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submissions. The MahaRERA heard the arguments of both the parties and also
perused the available records.

3. During the course of hearing the MahaRERA has noticed that the complainant
had earlier filed a complaint bearing no. CC006000000012160 before the
MahaRERA seeking reliefs under the provisions of the RERA. The said
complaint was disposed of by the Ld. Erstwhile Member-1/MahaRERA vide
an order dated 23-03-2018, by virtue of the consent terms and settlement
arrived at between both the parties.

4. The record also shows that thereafter, the complainant has filed a non -
execution application as the respondent has failed to comply with the said
order dated 23-03-2018. The said non - execution application was also disposed
of by the Ld. Erstwhile Member-1/MahaRERA vide an order dated 25-07-2019.
By the said order, the directions were given to the respondent to clear all dues
of the complainant within the stipulated timeline. Further, the liberty was also
granted to the complainant to approach the MahaRERA in case of any default
on the part of the respondent. Pursuant to the said liberty granted by the
MahaRERA, the complainant has filed this complaint.

5. In the present case on bare perusal of the submissions made by the respondent
herein on record of MahaRERA, it appears that the NCLT proceedings have
started against the respondent/promoter and CIRP has been appointed.
Hence, it has stated that the present complaint cannot be heard by the
MahaRERA.

6. Further, from the available record, the MahaRERA has noticed that on 16-06-
2022, the Hon’ble National Company Law Tribunal Mumbai has passed an
order in CP (IB) No. 1337/MB/2020 filed by Srei Equipment Finance Limited,
i.e., the Financial Creditor therein against the respondent no. 1 herein, thereby


Complaint No. CC006000000408523


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admitting the respondent herein into Corporate Insolvency Resolution
Process (CIRP) in accordance with the provisions of the Insolvency and
Bankruptcy Code, 2016. Thereafter, vide an order dated 04-01-2023 passed
by the Hon’ble National Company Law Appellate Tribunal, New Delhi
(NCLAT) in Company Appeal No. (AT) (Insolvency) No. 697 of 2022, the
aforesaid order dated 16-06-2022 passed by the NCLT has been upheld.

7. In view thereof, 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 respondent herein.

8. 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.

9. In view of the above, the MahaRERA cannot proceed to decide this complaint
against the respondent at this stage and hence the present complaint is
adjourned sine die. However, the respondent may facilitate the complainant
to file his claim before the CIRP if any.

10. 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