Complaint nos
. CC006000000591284

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY
MUMBAI
Review Application cum
Complaint No. CC006000000591284

In
Original
Complaint No. CC006000000397662

Alaknanda Dhotre


.... Applicant
(Original Complainant)

Versus

Xrbia Warai Developers Ltd
…. Respondent

(Original Respondent)


MahaRERA Project Registration No. P52000004499


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

The complainant appeared in person.
None appeared for the respondent.


INTERIM ORDER


(Friday, 22nd November 2024)

(Through Video Conferencing)


1. The applicant - allottee above named has filed this review application in the
form of fresh complaint before the MahaRERA on 22-07-2024 mainly seeking
review of the order dated (hereinafter referred to as impugned order) passed
by the MahaRERA in the earlier complaint filed her bearing No.
CC006000000397662 under the provisions of section 39 of the Real Estate
(Regulation & Development) Act, 2016 (hereinafter referred to as ‘RERA’) and
Regulation 36 of the MahaRERA (General) Regulation, 2017 in respect of the
respondent’s registered project known as “Xrbia Warai / Neral - Ph 2,” bearing
MahaRERA registration No. P52000004499 located at Warai, Raigarh.



Complaint nos
. CC006000000591284

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2. This complaint cum review application was heard by the MahaRERA on 19-
08-2024 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. On the said date of
hearing, the applicant-allottee appeared and made her submissions.
However, despite notice, the respondent remained absent. The MahaRERA
heard the submissions of the applicant and also perused the available record.

3. After hearing the submissions of the applicant-allottee, the following Roznama
was recorded –
The applicant-allottee is present. The respondent is absent. The
complainant has filed this complaint to review the order of the MahaRERA
dated 12-06-2024, specifically clause 20 (e). This is because, as per the said clause,
the refund was to be paid to the applicant with interest only after the receipt of
the OC for the project. Aggrieved by the same, the applicant has filed this
complaint on the ground that the project is at stand still, the promoter is not
responding and the OC may be delayed further. Therefore, the applicant prays
that the refund may be granted immediately and the order mentioned above may
be reviewed accordingly. It was explained during the hearing that the RERA also
has responsibility of completing the projects so that the other allottees who wish
to continue in the project, their interests are not hampered. In view of the above,
both the parties may file their written submissions within a period of 1 week i.e.
by 26-08-2024. The applicant has also mentioned that the respondent has also
forwarded claim form to all the allottees in the project as there are some
insolvency proceedings instituted against the respondent. Therefore, the Registry
is directed to verify whether any order of NCLT has been issued with regard to
the respondent. Accordingly, this matter is reserved for orders suitably after 26-
08-2024 based on the arguments of both the parties as well as the written
submissions filed by both the parties along with the information provided by the


Complaint nos
. CC006000000591284

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Registry.

4. 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 Titan
Contracting Services LLP has filed Company Petition No. CP (IB) No.281 of 2024
against the respondent promoter under Section 9 of the I&B Code, 2016.

5. From the available record, the MahaRERA has further noticed that on 28-06-2024,
the Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an
order in CP (IB) No.281 of 2024 filed by Titan Contracting Services LLP , i.e., the
Financial / Operational 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.

6. Further, as recorded in para 22 (i) 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.

7. However, although the said company petition was filed by Titan Contracting
Services LLP , i.e., the Financial / Operational Creditor against the respondent
herein , during the course of hearing, neither the applicant nor the respondent
has ever informed MahaRERA about the aforesaid order passed by the NCLT.


Complaint nos
. CC006000000591284

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However, the said crucial fact cannot be ignored by the MahaRERA.

8. Be that as it may, in the present case, in view of the above, the MahaRERA cannot
proceed to decide the present review application filed by the applicant against
the respondent at this stage and hence the present review application is
adjourned sine die.

9. However, liberty is granted to the applicant to approach MahaRERA after final
disposal of the said insolvency proceeding pending against the respondent if
need be.


(Mahesh Pathak)
Member – 1/MahaRERA