MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, PUNE

No. MahaREM/AO tRWt l) 6 t2O24

Dalet 2-?, l02- 12024
To,

The District Collector,

Ofice of the Collector & Dlstrict,
Ivlagistrate Palghar,
Palghar-Boisar Road, Kolgaon,
Palghar 401404

Subi Executlon of the recovery warrant order passed

by Adjudicating Officer Shri.Kanbarkar under
Section 40(1)of RERA in Complaint
No.CC006000000197419 filed by
14rs,Rihab Danny Lobo and
IYrs.Rosy Rebello
IYahaRERA project registratlonNo. P99000001346

Sir,

I am forwarding the recovery warrant order passed by Adjudicatlng Offlcer

Shrl.Kanbarkar under Section 40(1) of Real Estate (R & D) Act 2016 alongwith
details of the attachable assets which is required ulr 1712 of Maharcshtra Realization
of Land Revenue Rules 1967 as submitted by complalnant for execution. You are
requested to look into the matter personally and get the warrant executed at the
earliest. On realization of the amount, you are requested to inform this offlce about
the same.

Yours faithfully,

\.^
(F,D, ladhav)
Dy.Secretary-Cum-Head
MahaRERAr Pune
 MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY, PUNE

No. r4ahaREM/AO/RWl I g6 12024

Date: 21 I c> 12424

Recoverv Warrant U/s. 40(1) of Real Estate

(Regulation and Development) Act, 2016 and Rule 3 of Maharashtra Real

Estate (Regulation and Development) (Recovery of Interest/ Penalty/
compensation, Fine payable, Forms of Complaints and Appeal, etc.) Rules/
2017.

Complaint N0.CC006000000 197419

IYahaRERA Project Reg.No. P99000003346

t'4rs.Rihab Danny Lobo & I\,lrs.Rosy Rebello CompLainants

Viva Homes Private Limited Respondent

To

The Dlstrict Collector,

OfFice of the Collector & District,
Magistrate Palghar,
Palghar-Boisar Road, Kolgaon,
Palghar 401404,

Whereas the above-named complainant has filed the above Complaint

No.CC006000000197419 the Adjudicating Officer passed the enclosed order directing
the respondent to refund the amount mentioned in the order.

And whereas the Respondent has failed to comply with the order,

And whereas the amount ordered is recoverable from the respondents as an

arrears of land revenue by virtue of Sectlon 40(1) of Real Estate (Regulation and
Development) Act, 2016 and RuLe 3 of lYaharashtra Real Estate (Regulation and
Development) (Recovery of Interest, Pena ty, Compensation, Fine payabLe, Forms of
Complaints and Appeal, etc,) R.ules,2017,
 You are hereby directed to recover the ordered amount from the respondents
as the arrears of land revenue and pay it to the complainant and report the

compliance.

The necessary lnformation ls:

1. Name of Complainant with his addressi

Name : 1. l,lrs.Rihab Danny Lobo
Address : Flat No.B, Nilgiri Buildlng, Near Bombay Christian Centre
Cheddanagar, Chembur West, I'4umbal-400089
l,lobileNor 9833900809
Email ID : rebellorihab@gmail,com

Name i 2. Mrs.Rosy Rebello

Address I B-701 Sunstone Rajhans, Stella, Behind Bishop House,
Vasai West Thane-401201

MobileNo: 9833244406
Email ID i dts_danny@yahoo.com

2. Name of respondent/s with their addresses:

Viva Homes Private Limited

Through its Director,
Mr,Rohil layendra Thakur
Offlce at : 2Ol Thuka Arcade, Above Super l4arket, Station Road,
Virar West, Thane-401303.

3. Name of the proiect & its location:

The project known as "Viva Vishnupuram - Anant" situated at Suruey

No.133, Hissa No.2P of villaqe and Taluka -
Palghar, Dist. Palghar,
Maharashtra.

Other apartments which are still not booked and not mortgaged to any
Financial Institutions / Bank.

Note:Land on which the project is being implemented, apartments that

are already booked wlth the other allotees and apartments that are
mortgaged to Financial Institutions/ Banks should not be attached so
that the project can be comp eted.
 Particulars of Bank Account of the ResDondent/s.

Name of the Bank and its address: Vasal Vikas Sahakari Bank Ltd,
At Thakur Arcade, Near Rallway
Station Virar (W), Tal Vasai,
Dlst, Palghar-401303,
Bank CD Account No, r003110100010284
IFSC Code iws80000003,
5,
the Respondent/s.
If by attaching the property mentioned n Seria No.3 & 4 above sti I
aTrears remain, then the properties/ofFlces or any other movable or
immovable propertles of the defaulter mentloned as under wil have to
be attached for the recovery of arTears. In order to ascertain unsold
inventory & other propefties of the defau ters, you may adopt the
procedure similar to which aid down under Order 21 Rule 41 CpC -
name to examine the jldgment debtor to disclose his property and
produce its propety cardr failing which he can be sent to jail for 3
months.

6. Particulars of Bank Account of the complainanti

Complainant No.1 lvlrs,Rlhab Danny Lobo
Bank Name ICICI Bank [td
Branch Name Thane - Vasai
Accouft No. 054601509756
IFSC Code i rcrc0000022

Complainant No.1 Mrs,Rosy Rebello

Bank Name Kotak Mahindra Bank Ltd
Branch Name Ivlanikpur
Account No. 7946422484
IFSC Code i KK8K0000659

7. Enclosu res:Details of attachable assets.

i) Certlfied copy of flnal order dated 09-05-2022.

il) Re evant paft of the order under Section 40(1) of REM.
iil) Interest Calculation sheet furn shed by Complainant
iv) 7112 Extract.
v) Consent Terms Dated 02.05.2022

Pune
\^IKK
(w. K{anda7k6t
Adjudicating Officer,
f.lahaRERA, Pune
 Detai s of the attachable assets of I\'laharashtra Realizatlon of
to be reouired u/r 1712
Land Revenue Rules 1967,When Revenue Recoverv Certificate ls under the provislon
of Revenue RecoverLAct 1890.

No.MahaREM/LAlRW I l3Y 12024

Date: z] / A1_ 12024

1. Name and address of the Name of Complainant No.1:

Complainant:
Mrs.Rihab Danny Lobo
Address : Flat No.8, Nilgiri Building,
Near Bombay Christian Centre
Cheddanagar, Chembur West, I,lumbai-
400089

Name of Complainant No.2.

Mrs.Rosy Rebello
Address : B-701 Sunstone Rajhans,
Stella, Behind Bishop House, Vasai West
Thane-401201
2. The Sum to be recovered As per final order dated 09-05-2022 &
consent terms dated A2-A5'2422.
3. The provision of law under which Recovery warrant u/s 40(1) of Real
the R.R.C ls sent to recover the sum Estate (Regulatlon and Developrnent)
as an arrears of Land Revenue. Act, 2016 and Rule 3 of l\4aharashtra
Real Estate (Regulation and
Development) ( Recovery of Interest,
Penalty, Compensation, Fine payable,
Forms of Complaints and Appeals, etc.)
Rules,2017.
4. No. & Date of order under whlch Complaint No.CC006000000197419
amount is ordered to be recovered.
Final Order dated 09-05-2022.
5. Fu I name and address of the Viva Homes Private Limited
di"t\& R - defaulter Respondent with name of Through its Director,
the buildlng, room no,, road name,
\ vi lage name/ town, taluka, Dist. 14r.Rohil Jayendra Thakur
FT Pin Code No. Address : 201 Thakur Arcade, Above
iJ Super 14arket, Station Road,
Virar West, Thane-401303
E mail ID rera@vivaorouD.in
6. Full detaiLs of theproperty of The project known as
defau ter against which the process "Viva Vishnupuram - Anant" situated at
may be executed. Survey No.133, Hissa No.2P of village
and Taluka -
Palqhar, Dist. Palqhar,
lvlaharashtra.
 a)Houslng project whlch is du y
registered under the RERA Act bearing
Req stration No. P99000003346.

b)Other apartments which are still not

booked and not mortgaged to any
Financial Institutions / Bank.

Note: Land on which the project is

being implemented/ apartments that are
already booked with the other allotees
and apartments that are motgaged to
Financial Institutlons/ Banks should not
be attached so that the project can be

If by attaching the propety Immovable Propety:

mentioned in 6 above still arrears
remain, then the properties/offices or
any other movable or immovable
properties of the defaulter mentioned
in this column will have to be
attached for the recovery of arrears.
a. Name of the building / House/
Building
b. Room No.
c. Name of the village/town
d. Road Name / gally narne
e. Sr.No./lI No. of the propety
f, Area of the propety in square
meters
g.CTS No. of the property area of
the property.

If by attaching the property mentioned

in 6 above still arrears remaln, then the
propefties/olflces or any other movable
or immovable propefties of
the
defaulter be attached and auctioned in
order to ascertain unsold inventory and
other properties of defaulters you may
adopt the procedure similar to which
laid down under order 21 Rule 21 Rule
41 CPC namely to examine the
-
judgment debtor to disclose his
property and produce its property card,
failing which he can be sent lail for 3
months

lAkr.
Pune (W.K.(anOartar)
Adjudicating Offlcer
MahaRERA, Pune