Complaint No. CC12500163


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

1. Complaint No. CC12500163

Debra Bosco Martin


... Complainant

Versus

Karrm Infrastructure Private Limited


... Respondent

MahaRERA Project Registration No. P51700007680


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

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


INTERIM ORDER


(Monday, 03rd February 2025)

(Through Video Conferencing)


1. The complainant above named has filed this complaint before the MahaRERA on
18-01-2025 mainly seeking directions from MahaRERA to the respondent –
promoter, to refund the entire amount paid by her along with interest 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
bearing No. NBK 028717 -, A-Wing in the respondent’s registered project known
as “Karrm Panchtatva - 3” bearing MahaRERA registration no. P51700007680,
located at Kasagaon, Dist. Thane..

2. This complaint was heard by the MahaRERA 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


Complaint No. CC12500163


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of this hearing and they were also informed to file their written submissions if any.
Accordingly, the complainant appeared and made her submissions. However,
despite the notice of hearing, the respondent remained absent.

3. 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 M/s.
VSJ Investment Pvt Ltd has filed Company Petition No. CP (IB) No.651/MB/2023
against the respondent promoter under Section 7 of the I&B Code, 2016 agitating
claim of Rs.290,84,45,956.84/- against the respondent promoter.

4. From the available record, the MahaRERA has further noticed that on 29-02- 2024,
the Hon’ble National Company Law Tribunal Mumbai (NCLT) has passed an
order in CP (IB) No. CP (IB) No.651/MB/2023 filed by M/s. VSJ Investment Pvt
Ltd , i.e., the Financial 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. 5.
Further, as recorded in para (d) 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.


Complaint No. CC12500163


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6. However, although the complainant appeared for the hearing today, she has
informed the MahaRERA that she is not aware of such NCLT proceeding filed
against the respondent promoter.

7. However, the said crucial fact about the appointment of CIRP in respect of the
respondent’s company cannot be ignored by the MahaRERA.

8. Be that as it may, in the present case, in view of the aforesaid order passed by the
NCLT, the MahaRERA cannot proceed to decide this complaint against the
respondent at this stage and hence the present complaint is adjourned sine die. In
the meantime, the complainant may pursue her claim for refund before the CIRP
if she so desires.

9. 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