Complaint No. CC12504674


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12504674

Ram Dattaram Dalvi


... Complainant

Versus

Xrbia Developers Limited


... Respondent

MahaRERA Project Registration No. P52000008453


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

Ld. Adv. Mahesh Desai h/f Adv. Sushrita Daga appeared for the complainant – through
VC.
None appeared for the respondent.


INTERIM ORDER


(Thursday, 30th April 2026)
Hearing Through Hybrid Mode)

1. The complainant above named has filed this online complaint before the MahaRERA on
29-12-2025 seeking directions from the MahaRERA, to the respondent – promoter, to
refund the entire amount paid along with interest and compensation 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. C6 flat no.219 in the
respondent - promoter’s registered project known as “Xrbia Vangani - PH 1” bearing

MahaRERA project registration No. P52000008453
, situated at Khadyachapada, Karjat,
Dist. Raigarh.

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, the complainant appeared
and made his submissions. However, despite the notice of hearing, the respondent
remained absent. The MahaRERA heard the arguments of the complainant and also


Complaint No. CC12504674


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perused the available records.

3. In the present case, during the course of hearing, MahaRERA has noticed that the
respondent has uploaded the order dated 6-08-2024 passed by the NCLT against it on the
record of MahaRERA.

4. Hence, MahaRERA has perused the website of Insolvency and Bankruptcy Board of
India. On a bare perusal of the said website, the MahaRERA has prima facie noticed that
the Titan Contracting Services LLP has filed Company Petition No. CP (IB) No. 285 of
2024 against the respondent promoter herein under Section 9 of the I&B Code, 2016.

5. The MahaRERA has further noticed that on 06-08-2024, the Hon’ble National Company
Law Tribunal Mumbai (NCLT) has passed an order in CP (IB) No. 285 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 the operative 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.

7. The respondent has uploaded a copy of the said Order of NCLT dated 06-08-2024 on
record of MahaRERA on 08-04-2026. Therefore, the said crucial fact cannot be ignored by
the MahaRERA at this stage. The said fact was also informed to the complainant during


Complaint No. CC12504674


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the hearing.

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

9. In the meantime, the complainant may pursue his claim for refund before the CIRP if he
so desires. Further, liberty is granted to the complainant herein 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: 2026.05.04
10:26:41 +05'30'