Complaint No. CC12600758


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12600758

Deepak Surendra Khalap


... Complainant

Versus

Omkar Ventures Pvt. Ltd.


... Respondent


MahaRERA Project Registration No. P51800014105


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

Ld. Adv. Devyani appeared for the complainant – through PH.
Ld. Adv. Devul Dighe appeared for the respondent – through VC.


INTERIM ORDER


(Monday, 16th March 2026)
Hearing Through Hybrid Mode)

1. The complainant above named has filed this online complaint before the MahaRERA on
10-02-2026 seeking directions from the MahaRERA to the respondent – promoter to
handover the possession and also to pay interest and compensation for the delayed
possession, 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. D/1903, admeasuring 45.87 sq. mtrs. equivalent to 493.74 sq. ft., situate
on the 19th Floor of a Building known as OMNIA / FLORESTA in the respondent -
promoter’s registered project known as “Lawns And Beyond - Phase 2, Omkar
International District” bearing
MahaRERA project registration No. P51800014105
,
situated at Malad, Mumbai.

2. This complaint was heard by the MahaRERA today as per the Circular No. 49 dated 12-
09-2025 issued by MahaRERA for hearing of complaints through Hybrid Hearing Mode.
Both the parties have been issued prior intimation of this hearing, and they were also
informed to file their written submissions if any. Accordingly, both the parties appeared


Complaint No. CC12600758


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and made their submissions. The MahaRERA heard the arguments of both the parties
and also perused the available records.

3. However, during the course of hearing, on bare perusal of the available record, the
MahaRERA has noticed that the NCLT proceeding has been initiated against the
promoter viz M/s. Manomay Ventures Pvt Ltd ( Earlier known as Omkar Ventures Pvt
Ltd) (hereinafter referred to as the ‘promoter’ for the sake of brevity) under the
Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016.

4. On bare perusal of the website of the Insolvency and Bankruptcy Board of India, the
MahaRERA has noticed that on 28-10-2024, the Hon’ble National Company Law Tribunal
Mumbai (NCLT) has passed an order in C.P. No. CPIB/3521/MB/2019 filed by Satellite
Developers Pvt Ltd, i.e., the Financial Creditor therein, against the promoter herein,
thereby admitting the promoter herein into Corporate Insolvency Resolution Process
(CIRP) in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016.

5. Thereafter, the promoter has challenged the said order dated 28-10-2024 before the
Hon’ble National Company Law Appellate Tribunal, New Delhi (NCLAT) in Company
Appeal (AT) (Ins) No. 2040 of 2024. However, in the said Appeal an

INTERIM ORDER

dated
07-11-2024 came to be passed, whereby no stay has been granted on the aforesaid order
dated 24-10-2024 passed by the NCLT and the moratorium is continued, however, it was
permitted to carry out the construction on site.

6. In view thereof, as recorded in the order dated 28-10-2024 passed by the NCLT, 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 -
promoter herein.

7. In view of the above, the institution of suits or continuation of pending suits or
proceedings against the promoter including execution of any

JUDGMENT

, decree or order
in any court of law, tribunal, arbitration panel or other authority is prohibited.


Complaint No. CC12600758


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8. In view of the above, the MahaRERA cannot proceed to decide this complaint filed by the
allottee against the promoter at this stage and hence the present complaint is adjourned
sine die. However, meanwhile the respondent may file its reply to the complaint, and the
complainants may file their rejoinder to the said reply of the respondent.

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


(Mahesh Pathak)
Member – 1/MahaRERA

MAHESH
DINKAR
PATHAK
Digitally signed
by MAHESH
DINKAR PATHAK
Date: 2026.03.17
15:30:11 +05'30'