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BEFORE THE MAHARASHTRA
REAL ESTATE REGULATORY AUTHORITY, MUMBAI
Virtual Hearing held through video conference as per
MahaRERA Circular No.: 27/2020

1. COMPLAINT NO. CC006000000479795

H. SHERUL & CO.
…COMPLAINANT/S

a/w

2. COMPLAINT NO. CC006000000479796

H. SHERUL & CO.
…COMPLAINANT/S

a/w

3. COMPLAINT NO. CC006000000479798

H. SHERUL & CO.
…COMPLAINANT/S

a/w

4. COMPLAINT NO. CC006000000479799

H. SHERUL & CO.
…COMPLAINANT/S

a/w

5. COMPLAINT NO. CC006000000479800

H. SHERUL & CO.
…COMPLAINANT/S

VS.

KASHIMIRA CERAMIC PRODUCTS LLP

…RESPONDENT/S

IN
MAHARERA PROJECT REGISTRATION NO. P51800008105


INTERIM ORDER


January 06th, 2025
(Date of hearing 04.12.2024 wherein matters were reserved for orders)

Coram: Shri. Manoj Saunik, Chairperson, MahaRERA

Appearances of the complainant/s:
SR. NO.
APPEARANCES
1 to 5
Advocate Sameer Hatle a/w Advocate
Rahul Rawal
Appeared for the respondent/s:

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SR. NO.
APPEARANCES
1 to 5
Advocate Dinesh Dubey

1. The complainant at sr. nos. 1 to 5 is a home buyer and allottee within the
meaning of Section 2(d) of the Real Estate (Regulation and Development) Act,
2016 (hereinafter referred to as the “said Act”) of Real Estate Regulatory
Authority (hereinafter referred to as the “RERA”). The respondent at sr. nos. 1
to 5 is the promoter/developer within the meaning of Section 2 (zk) of the said
Act, who has registered a project namely “Hiraco Eminence Phase 1” under
section 5 of the said Act bearing
MahaRERA project registration no.
P51800008105
(hereinafter referred to as the “said project”).

2. On the MahaRERA Project registration webpage the proposed completion date
is mentioned as 31.12.2019 and the revised proposed date of completion is
mentioned as 30.09.2020. It is observed that the said project registration details
reflect development and construction of 5 wings namely “Wing – A, Wing – B,
Wing – C, Wing – D and Wing – E” having 18 sanctioned floors for each of the
wings. The Occupation Certificates (hereinafter referred to as “OC”) for the said
Project has been received in two parts i.e. OC dated 30.01.2020 bearing no.
MNP/NR/5475/2019-2020 issued by the Mira Bhayendar Municipal
Corporation which is applicable and pertaining to Wing – B, C, D & E and OC
dated 07.10.2020 bearing no. MNP/NR/1156/2020-2021 issued by the Mira
Bhayendar Municipal Corporation which is applicable and pertaining to Wing-
A. Thus, the said project at this juncture is completed.

3. All the captioned complaints along with the urgent hearing applications were
heard by this Authority on 04.12.2024, wherein the following roznama was
recorded:
SR.
NO.
COMPLAINT &
INTERIM
APPLICATION NOS.

LAST ROZNAMA REPRODUCED
1
CC006000000479795

“Both parties are present.

2
CC006000000479796

3
CC006000000479798

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4
CC006000000479799

The matters at Sr. No. 10 to 14 are all urgent hearing applications. The matter
matters were heard. The matters are reserved for orders limited to urgent
hearing applications being allowed.”
5
CC006000000479800

4. It is observed that all the captioned complaints are filed on 27.03.2024 and the
captioned complaints were listed for deciding the issue of urgent hearing on an
application of the complainant.

5. It is also noted that there are separate interim applications filed by the
complainant in the captioned complaints thereby seeking the ad-interim relief
for handover of possession until final disposal of the matter. These interim
applications were adjourned to 02.01.2025 vide roznama date 04.12.2024,
whereby the respondent was given four weeks’ time to file his reply to the
interim relief application.

6. Thus, as the interim applications which are filed in the captioned complaints
thereby seeking handover of possession are listed for hearing on 02.01.2025 as
per the last roznama, there survives nothing in the urgency application to
adjudicate upon the issue of urgency as the same becomes infructuous in
nature.

7. Further, the interim applications in the captioned complaints which were
adjourned to 02.01.2025 are now rescheduled to 07.01.2025, due to
unavailability of the Authority on that date.
ORDER:

8. Therefore, in view of the observations hereinabove, the following order is
passed:
A.
The application for urgent hearing is disposed in terms of the
observations hereinabove.
B.
The captioned complaints be listed along with the interim applications
on 07.01.2025.
C.
No order as to cost

Manoj Saunik


Chairperson, MahaRERA
MANOJ SAUNIK
Digitally signed by
MANOJ SAUNIK
Date: 2025.01.06
12:52:20 +05'30'