Karnataka High Court
Brijesh Ramdev Yadav vs National Housing Bank on 21 August, 2025
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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NC: 2025:KHC:32550
WP No. 10325 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 10325 OF 2025 (GM-RES)
BETWEEN:
BRIJESH RAMDEV YADAV,
AGED ABOUT 44 YEARS
S/O RAMDEV MATHORAN YADAV,
NO. 15/5/1, VIRAT RESIDENCY,
1ST CROSS, JEEVAN KENDRA LAYOUT,
CAMBRIDGE ROAD, HALASURU,
BANGALORE-560008.
...PETITIONER
(BY SRI. ABHIJEET SHARMA.,ADVOCATE)
AND:
Digitally 1. NATIONAL HOUSING BANK
signed by THROUGH ITS MANAGING DIRECTOR
VANAMALA CORE 5-A, INDIA HABITAT CENTRE,
N
LODHI ROAD, NEW DELHI-110003.
Location:
High Court
of Karnataka 2. RESERVE BANK OF INDIA,
(UNDER RBI ACT) THROUGH ITS
GOVERNOR 6, SANSAD MARG,
NEW DELHI-110001.
3. UNION OF INDIA
THROUGH SECRETARY,
MINISTRY OF FINANCE
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WP No. 10325 of 2025
HC-KAR
RAJPATH MARG, E-BLOCK, CENTRAL
SECRETARIAT NEW DELHI-110011.
4. TRANS UNION CIBIL LIMITED
(UNDER COMPANIES ACT 1956) FORMERLY
CREDIT INFORMATION BUREAU (INDIA) LIMITED,
THROUGH ITS MANAGING DIRECTOR
ONE WORLD CENTRE, TOWER 2A,
19TH FLOOR, SENAPATI BAPAT MARG,
ELPHINSTONE ROAD,
MUMBAI - 400013.
5. STATE BANK OF INDIA
(INCORPORATED UNDER RBI) STATE BANK
BHAWAN, M.C. ROAD, NARIMAN POINT,
MUMBAI-400021.
THROUGH ITS CHAIRMAN.
6. OZONE URBANA INFRA DEVELOPERS PVT LTD
(UNDER COMPANIES ACT 1956)
THROUGH ITS MANAGING DIRECTOR
NO.38, ULSOOR ROAD
BANGALORE-560042.
7. SATHYA MOORTHY SAI PRASAD DIRECTOR,
OZONE URBANA INFRA DEVELOPERS PVT LTD
NO.38, ULSOOR ROAD
BANGALORE- 560042.
8. VASUDEVAN SATHYAMOORTHY
DIRECTOR,
OZONE URBANA INFRA DEVELOPERS PVT LTD
NO.38, ULSOOR ROAD
BANGALORE- 560042.
9. KARNATAKA REAL ESTATE
REGULATORY AUTHORITY
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WP No. 10325 of 2025
HC-KAR
THROUGH ITS CHAIRMAN
SECOND FLOOR SILVER
JUBILEE BLOCK 3RD CROSS ROAD, CSI
COMPOUND, MISSION RD,
SAMPANGI RAMA NAGARA,
BENGALURU - 560027.
...RESPONDENTS
(BY SRI.SUDEEP V.C., CGSC FOR R3;
MS. VARSHITHA K, ADVOCATE FOR
SRI. DEEPAK BHASKAR, ADVOCATE C/R-6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
A) ALLOW THE PRESENT PETITION; B) ISSUE
APPROPRIATE ORDER OR DIRECTION TO THE
RESPONDENT BANK (RESPONDENT NO.5) TO CEASE
AND DESIST FROM RECOVERING EMI PAYMENTS
FROM THE PETITIONER; C) DIRECT THE RESPONDENT
NO. 6, 7 AND 8 DEVELOPERS TO PAY PRE-EMI/EMIS;
D) DIRECT THE RESPONDENT BANK (RESPONDENT
NO.5) TO RESTRAIN FROM ANY PRECIPITATIVE ACTION
INCLUDING BUT NOT LIMITED TO ANY CIVIL OR
CRIMINAL PROCEEDINGS IN ORDER TO RECOVER THE
PURPORTED LOAN CEASE TO TAKE ANY COERCIVE
ACTIONS DURING THE PENDENCY OF THE PRESENT
PETITION; E) DIRECT THE RESPONDENT-BANK TO
REFUND THE PRE-EMIS/FULL EMIS PAID BY
PETITIONER; F) DIRECT THE RESPONDENT 4 AND 5 TO
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WP No. 10325 of 2025
HC-KAR
REMOVE THE NAME OF THE PETITIONER FROM THE
DEFAULTERS LIST OF CIBIL AND TO WITHDRAW ALL
THE LEGAL PROCEEDINGS INITIATED AGAINST THE
PETITIONER IN RESPECT OF THE LOAN AMOUNT AND
INTEREST; G) DIRECT THE RESPONDENT BANK TO
RECOVER THE OUTSTANDING LOANS IN QUESTION
FROM RESPONDENT DEVELOPER (RESPONDENT 6, 7
AND 8); H) DIRECT THE RESPONDENT BANK TO
REFRAIN FROM TAKING ANY FURTHER ACTION TO
RECOVER ANY PRE-EMI AMOUNTS FROM THE
PETITIONER AS SUCH PAYMENTS ARE PREMATURE
AND UNLAWFUL UNTIL THE PETITIONER IS DELIVERED
POSSESSION OF THE PROPERTY; I) DIRECT THE
RESPONDENT 9 TO DISPOSE THE COMPLAINT FILED
BY THE PETITIONER WITHIN 60 DAYS AS PER THE
PROVISIONS OF THE RERA ACT. COPY OF THE RERA
COMPLAINT FILED BY THE PETITIONER IS ANNEXED
HERETO AND MARKED AS ANNEXURE-E.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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WP No. 10325 of 2025
HC-KAR
ORAL ORDER
The petitioner, a purchaser who has entered into an agreement with the sixth respondent for purchase of an apartment relying upon a Tripartite Agreement concluded by him with the sixth and fifth respondents, has sought for directions to the fifth respondent to desist from recovering EMIs. The petitioner also seeks further directions such as for direction to remove his name from the defaulters list of CIBIL and to recover the outstanding from the Developer.
Sri Abhijeeth Sharma, the learned counsel for the petitioner, to support the petitioner's case as aforesaid contends that the petitioner's cause stems from the assertion that the fifth respondent has agreed to disburse the loan to the sixth respondent based on the progress in construction but the fifth respondent is in default on that score in disbursing -6- NC: 2025:KHC:32550 WP No. 10325 of 2025 HC-KAR the entire amount in one go resulting in a delayed project and a burden on the petitioner to pay EMI without possession of the property.
Mrs.Varshitha K., the learned counsel who appears for the sixth respondent - the Developer, refutes the cause ascertaining that the Tripartite Agreement stipulates that if there is any default even by the Developer, it would be the petitioner's obligation as a borrower to discharge the debt. Sri.Sudeep V.C., the learned Central Government Standing Counsel, is heard in the light of the afore and this Court's view in W.P.No.23590/2025 [GM- RES] [disposed of on 05.08.2025] that if the parties to the Tripartite Agreement are aggrieved by any default by the other, they must necessarily defend their interests in properly instituted proceedings and there would be no occasion for this Court to intervene under Article 226 of the Constitution of India. -7-
NC: 2025:KHC:32550 WP No. 10325 of 2025 HC-KAR This Court is of the view that in the present fact matrix as well, and especially with the petitioner acknowledging that he has already approached the authority under the Real Estate (Regulation and Development) Act, 2016 there cannot be any interference and the petition must be disposed of without prejudice to the petitioner to prosecute the remedies that would otherwise be available to him.
The petition stands disposed of accordingly Sd/-
(B M SHYAM PRASAD) JUDGE SA ct:sr