Complaint No. CC006000000429368


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC006000000429368

Vipul Abhay Jinsiwale


... Complainant

Versus

Manomay Ventures Pvt. Ltd.


... Respondent

MahaRERA Project Registration No. P51800014037


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

Ld. Adv. Ld. Adv. Vinay Ansurkar appeared for the complainant.
Ld. Adv. Namrata Powalkar appeared for the respondent.


INTERIM ORDER


(Friday, 22nd November 2024)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the
MahaRERA on seeking directions from the MahaRERA to the respondent –
promoter to refund the entire amount paid by him along with interest and
compensation 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 a flat bearing No. K-402, 4th Floor in K wing in the
respondent - promoter’s registered project known as “Lawns And Beyond - Phase
3, Omkar International District” bearing
MahaRERA project registration No.
P51800014037
situated at Jogeshwari, Andheri (East) , Mumbai.

2. This complaint was heard by the MahaRERA on several occasions and finally on
21-08-2024 as per the Standard Operating Procedure dated 12-06-2020 issued by
MahaRERA for hearing of complaints through Video Conferencing. Both the


Complaint No. CC006000000429368


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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 submissions.

3. After hearing the arguments of both the parties, the following Roznama was
recorded in this complaint on 21-08-2024
“Both the parties are present. The respondent has filed a reply to the
complaint and the complainant has filed a rejoinder to the said reply. The
complainant has prayed for refund alongwith interest and compensation for
delay as the date of possession was March 2023 according to the agreement
for sale of March, 2022. However as the project is incomplete, the complainant
prays for refund along with interest and compensation for delay and the
complainant also mentions that the issue of arbitration clause raised by the
respondent in the reply is not applicable in this matter as the agreement for
sale has been signed in March 2022 when the RERA was in force. The
respondent has mainly contended that the date of possession according to the
agreement for sale was September 2023 along with grace period of six months
and considering the moratorium for the covid pandemic of one year the date
of possession would come to September, 2024 and hence, the complaint is
premature as it has been filed in February, 2024. The complainant has refuted
this contention of the respondent. In view of the above, both parties may file
their written arguments within a period of three weeks i.e. by 11-9-2024.
Accordingly, this matter is reserved for orders suitably after 11-9-2024 based
on the arguments of both sides as well as the reply, rejoinder and written
arguments filed in the complaint.”

4. However, subsequent to the hearing held on 21-08-2024 , it has been brought to
the notice of MahaRERA (during the hearing held in other complaints filed with
respect to the said project) that the NCLT proceeding has been initiated against


Complaint No. CC006000000429368


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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, the MahaRERA has perused the available record.

5. 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
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.

6. 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.

7. 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.

8. 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


Complaint No. CC006000000429368


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law, tribunal, arbitration panel or other authority is prohibited.

9. In view of the above, the MahaRERA cannot proceed to decide this complaint filed
by the allottee - complainant against the promoter at this stage and hence the
present complaint is adjourned sine die.

10. Be that as it may, the complainant may file his claim before the CIRP appointed as
per the aforesaid order dated 28-10-2024 passed by the NCLT and the promoter
may facilitate the abovenamed allottee - in filing his claim, if any, before the CIRP
appointed. However, liberty is granted to the complainant - allottee to approach
MahaRERA after final disposal of the said insolvency proceeding pending against
the respondent if need be.


(Mahesh Pathak)
Member – 1/MahaRERA