Complaint No. CC12501936

CC12501938

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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, MUMBAI

1. Complaint No. CC12501936

Afreen M Koladiya


... Complainant

Versus

Sankalp Siddhi Developers Pvt Ltd,
Sahyog Homes Ltd


... Respondents

2. Complaint No. CC12501938

Khalid Sultan Shaikh


... Complainant

Versus

Sankalp Siddhi Developers Pvt Ltd,
Sahyog Homes Ltd


... Respondents

MahaRERA Project Registration Number - P51800007725

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

Ld. Adv. Muhammed Junaid appeared for the complainant at Sr. No. 1.
Ld. Adv. Shiwang appeared for the complainant at Sr. No. 2.
Mr. Urfi Ansari appeared for Resolution Professionals (RP) on behalf of the respondent
no. 1.
Ld. Adv. Dinesh Kava appeared for the respondent No. 2.


INTERIM ORDER


(Monday, 7th July 2025)

(Through Video Conferencing)


1. The complainants above named have filed these 2 separate online complaints before the
MahaRERA mainly seeking various reliefs from the MahaRERA under the provisions
of the Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as
‘RERA’) in respect of the booking of their flats in the respondent’s registered project
known as “Lamor” bearing MahaRERA registration no. P51800007725, is located at
Oshiwara, Jogeshwari (West), Mumbai.


Complaint No. CC12501936

CC12501938

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2. These complaints were heard today by the MahaRERA 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.
Accordingly, both the parties appeared and made their respective submissions.

3. During the course of hearing, RP who appeared on behalf of the respondent no. 1 has
informed to the MahaRERA that the Hon’ble National Company Law Tribunal Mumbai
(NCLT) has passed an order dated 23- 02-2024 in CP (IB) No. 807/MB/2023 filed by
M/s. Lekha Enterprises Pvt Ltd, i.e., the Financial Creditor therein against the
respondent no. 1 herein, thereby admitting the respondent no. 1 herein into Corporate
Insolvency Resolution Process (CIRP) in accordance with the provisions of the
Insolvency and Bankruptcy Code, 2016. The complainants herein were informed about
the said order passed by the NCLT during the course of hearing.

4. However, in view of the above, 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 no. 1 herein)
in respect of which an order of admission into CIRP has been passed by the
Adjudicating Authority, applies to the respondent no.1 herein. Hence institution of suits
or continuation of pending suits or proceedings against the respondent no.1 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 above, the MahaRERA cannot proceed to decide these complaints against
the respondent no.1 at this stage and hence the present complaints are adjourned sine
die. In the meantime, the complainants may pursue their claim before the CIRP if they
so desire and the RP may facilitate the complainants for filing their claims before the
CIRP if they so desire.


Complaint No. CC12501936

CC12501938

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6. However, liberty is granted to the complainants to approach MahaRERA after final
disposal of the said insolvency proceeding pending against the respondent no. 1 if need
be.

(Mahesh Pathak)
Member – 1/MahaRERA