Complaint No. CC12401047


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12401047


Tushar Kumar Chakravorty


... Complainant/s

Versus

Shree Sainath Land & Development (India) Private Limited


... Respondent/s


MahaRERA Project Registration No. P51600012149


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

Both the parties are absent.


INTERIM ORDER


(Wednesday, 25th June 2025)

(Through Video Conferencing)


1. The complainant above named has filed this online complaint before the MahaRERA
on 05-12-2024 mainly seeking directions from the MahaRERA, to the respondent, to
provide proper possession and amenities 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 no. 201, wing A2 in the respondent’s registered
project known as “Hari Nakshatra Phase- 1, ” bearing MahaRERA registration no.
P51600012149, is located at Deolaligaon, Nashik.

2. This complaint was heard today as per the Standard Operating Procedure dated 12-
06-2020 issued by the MahaRERA for hearing complaints through Video
Conferencing. Both the parties have been issued prior intimation of this hearing.
However, despite the notice of hearing, both the parties remained absent.

3. During the course of hearing, the MahaRERA has noticed that the NCLT proceedings
have started against the respondent-promoter and CIRP has been appointed vide an
order dated 20-10-2023 passed by the National Company Law Tribunal in Company


Complaint No. CC12401047


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Petition (IB) No.312/MB-IV/2023 filed by LIC Housing Finance Ltd against the
respondent promoter.

4. On bare perusal of the said order passed by the National Company Law Tribunal, it
appears that in para-6 (a) (i) of the said order it is directed that 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. 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.

5. In view of the aforesaid direction issued by the Hon’ble National Company Law
Tribunal, the MahaRERA cannot proceed to decide this complaint against the
respondent at this stage and hence the present complaint is adjourned sine die.

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

(Mahesh Pathak)
Member – 1/MahaRERA