Complaint No. CC12401117


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BEFORE THE MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY,
MUMBAI

Complaint No. CC12401117

Vaishali Chandrakant Bhor
Neeta S.Solanki


... Complainants

Versus

Marvel Landmarks Pvt Ltd


... Respondent

MahaRERA Project Registration No. P52100002371


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

Ld. Adv. Anil Mahalle appeared for the complainants.
Ld. Adv. Nilesh Borate appeared for the respondent.


INTERIM ORDER


(Thursday, 24th July 2025)

(Through Video Conferencing)


1. The complainants above named have filed this online complaint before the MahaRERA
on 13-12-2024 seeking directions from the MahaRERA to the respondent – promoter, to
refund the entire amount paid by them along with interest and compensation for delay,
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.
1401 in Wing J, in the respondent - promoter’s registered project known as “Marvel
Ganga Sangria G,H,J Building” bearing
MahaRERA project registration No.
P52100002371
, situated at Haveli, Dist. Pune.

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 of this hearing,
and they were also informed to file their written submissions if any. Accordingly, both
the parties appeared as mentioned in the appearance and made their submissions.

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


Complaint No. CC12401117


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promoter viz M/s. Marvel Landmarks 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 13-06-2025, the National Company Law Tribunal
Mumbai (NCLT) has passed an order in C.P. No. 4320/MB/2019 (along with two IAs)
filed by J Nihalani & Ors. 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. In view thereof, as recorded in the order dated 13-06-2025 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 promoter herein.

6. 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.

7. In view of the above, the MahaRERA cannot proceed to decide this complaint filed by the
complainant allottees against the promoter at this stage and hence the present complaint
is adjourned sine die. In the meantime, the complainants may file their claim before the
CIRP, if they so desire. The promoter is also directed to facilitate the complainants in
filing their claims, if any, before the CIRP.

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

(Mahesh Pathak)
Member – 1/MahaRERA