Karnataka High Court
M/S Ozone Urbana Infra Developers Pvt ... vs Rohit Kumar Chaturdas Patel on 12 August, 2024
Author: K.Natarajan
Bench: K.Natarajan
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WP No. 14484 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
WRIT PETITION NO. 14484 OF 2022 (GM-RES)
BETWEEN
1. M/S OZONE URBANA INFRA DEVELOPERS PVT. LTD.,
CIN. U45209KA2006PTC038236,
THROUGH ITS MANAGING DIRECTOR,
HAVING ITS CORPORATE
OFFICE AT 38, ULSOOR ROAD, BENGALURU-560 042.
V/S 21 OF THE COMPANY ACT, 1956
2. MR. VASUDEVA SATYAMURTHI
S/O SATYAMURTHI VIHWANATHAN,
DIRECTOR, OZONE URBANA INFRA
DEVELOPERS PVT. LTD.,
DIN. 00022732,
R/AT 32 NORRIS ROAD, RICHMOND TOWN,
BENGALURU - 560025.
Digitally signed by 3. MR. SATHYA MOORTHY SAI PRASAD,
SHIVALEELA S/O VELLORE SATHYA MOORTHY,
DATTATRAYA
UDAGI DIRECTOR, OZONE URBANA INFRA
Location: High DEVELOPERS PVT. LTD.,
Court Of Karnataka DIN. 00022813,
R/AT 103, NISHANTH PRIME APTS, 5,
PRIME STREET,
RICHMOND TOWN, OPP.
HOCKEY STADIUM, MUSEUM
ROAD, BENGALURU - 560025.
...PETITIONERS
(BY SRI. SHYAMSUNDAR M.S., SENIOR COUNSEL
FOR SMT. VANDANA P.L.
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AND
1. ROHIT KUMAR CHATURDAS PATEL,
S/O CHATURDAS MANORDAS PATEL,
AGED ABOUT 43 YEARS,
R/AT D3, SAMHITA VINTAGE 16 TH D CROSS,
PAI LAYOUT, NEAR TIN FACTORY,
BENGALURU - 560016
UNIT NO. AVENUE S-1002.
2. ANIL KUMAR CHATURDAS PATEL
S/O CHATURDAS PATEL,
AGED ABOUT 39 YEARS
R/AT 103 SWARNA SILICON CASTLE MIDAS,
NEAR GOPALAN INTERNATIONAL SCHOOL,
HOODI, BENGALURU - 560048.
UNIT NO. AVENUE S-1001.
3. RAKESH KUMAR CHAURASIA
S/O BINDU PRASAD CHAURASIA
AGED ABOUT 46 YEARS
R/AT 201 SLS SYMPHONY 2ND CROSS,
BHUVANESHWARI NAGAR,
DASARAHALLI MAIN ROAD,
HEBBAL, BENGALURU - 560024
UNIT NO. AVENUE D-501
4. ARUP KUMAR DAS
S/O SACHI NANDAN DAS,
AGED ABOUT 40 YEARS
R/AT H.NO. 16 2ND FLOOR, 3RD CROSS,
VYALIKIAVAL LAYOUT, BENGALURU - 560045
UNIT NO. AQUA 2 H- 404.
5. SHADAGOPAN EYUNNI
S/O RAJAGOPALAN EYUNNI,
AGED ABOUT 53 YEARS
R/AT 1363, FIRST FLOOR, KAVITA JAIN ROAD,
GIRINAGAR 2ND PHASE,
BANASHANKARI 3RD STAGE
BENGALURU - 560085.
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UNIT NO. PAVILION K-302.
6. BIPUL BHATTACHARYA
S/O PARES CHADRA BHATTACHARYA,
AGED ABOUT 50 YEARS
R/AT B2093, TOWER 2
PRESTIGE SUNRISE PARK,
BRICHWOOD, NEO TOWN ROAD,
ELECTRONIC CITY PHASE 1
BENGALURU - 560100.
UNIT NO. U-604 AVENUE Q-503
7. MAHESH LINGAPPA
S/O SHREE B. LINGAPPA
AGED ABOUT 42 YEARS
R/AT F-702, AQUA OZONE URBANA,
BENGALURU - 562 110.
UNIT NO. AVENUE C-601.
8. BALASARIA ASHUTOSH SURESH
THROUGH MR. ARUP KUMAR DAS
S/O BALASARIA SURESH,
AGED ABOUT 37 YEARS
R/AT 27-C, BLOCK -6
PARK CENTRAL, 9 TONG TAK STREET,
TSEUNG KWAN O HONGKONG.
UNIT NO. AVENUE R-704.
9. SHASHIKANT GUPTA
THROUGH MR. SHADAGOPAN EYUNNI
S/O SANTOSH KUMAR GUPTA,
AGED ABOUT 37 YEARS
R/A 101, SHRI RAM APT,
BHATIA ROAD,
PAANCH DUKAAN OPP. HARIOM BAKERY,
ULHASNAGAR-421004
UNIT NO: AVENUE T-801 AND S-1102
10 . DEEPA GUPTA
THROUGH MR. SHADAGOPAN EYUNNI
W/O SHASHIKANT GUPTA,
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AGED ABOUT 33 YEARS
R/A 101, SHRI RAM APT,
BHATIA ROAD,
PAANCH DUKAAN, OPP. HARIOM BAKERY
ULHASNAGAR-421004.
UNIT NO. AVENUE S-1102.
11 . MALATHI HARISH
THROUGH MR. BIPUL BHATTACHARYA
D/O LATE V. S. GANIGA,
AGED ABOUT 53 YEARS
R/A 94, NARMADA NARAYANA GURU CHS
P. L. LOKHANDE MARG,
CHEMBUR
MUMBAI-400089.
UNIT NO. AVENUE F-603
12 . MICHELLE JUNE MARY DEANE
THROUGH MR. SHADAGOPAN EYUNNI
W/O ALBERRT DAVID JAMIL DEANE
AGED ABOUT 51 YEARS
R/A 22-03, NEPTUNE COURT
9 MARINE VISTA 449033
SINGAPORE.
UNIT NO. AVENUE J-901
13 . ALBERT DAVID JAMIL DEANE
THROUGH MR. SHADAGOPAN EYUNNI
S/O LATE LT. COL MICHAEL
AGED ABOUT 66 YEARS
R/A 22-03, NEPTUNE COURT
9 MARINE VISTA 449033
SINGAPORE.
UNIT NO. AVENUE J-901
14 . PRASAD NARAYANA
THROUGH MR. ANILKUMAR CHATURDAS PATEL
S/O LATE V. NARAYANA
AGED ABOUT 39 YEARS
R/A 8, SILKPOD ST,
DENHAM COURT,
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NSW 2565,
AUSTRALIA.
UNIT NO. AVENUE T-701 AND AVENUE E-104
15 . SATISH SUBRAMANIAN
THROUGH MR. ANILKUMAR CHATURDAS PATEL
S/O T. G. SUBRAMANIAN
AGED ABOUT 48 YEARS,
R/A 134, VIEW STREET,
GLENROY VICTORIA 3046
AUSTRALIA
UNIT NO. P-603
16 . DILIP KISHORE KUMAR PANJWANI
THROUGH MR. SHADAGOPAN EYUNNI
S/O KISHOREKUMAR PANJWANI,
AGED ABOUT 39 YEARS,
R/A 04-04 THE TAIPAN
25 JALAN HAJIJAH
SINGAPORE-468721.
UNIT NO. AVENUE T-601
AVENUE T-401 AND AVENUE T-501
17 . PALLAVI PANJWANI
THROUGH MR. SHADAGOPAN EYUNNI
D/O SHRI RAM PURI
AGED ABOUT 37 YEARS,
R/A 04-04 THE TAIPAN 25
JALAN HAJIJAH,
SINGAPORE-468721.
UNIT NO. AVENUE T-501
AVENUE T-401 AND AVENUE T-501
18 . ABHILASH GAUTAM
THROUGH MR. ANILKUMAR CHATURDAS PATEL
S/O RAMESH KUMAR GAUTAM,
AGED ABOUT 43 YEARS,
R/A 15, VOILA AVE POINT,
COOK VICTORIA,
AUSTRALIA
UNIT NO.AVENUE U-703
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19 . SAMIR KUMAR
THROUGH MR. SHADAGOPAN EYUNNI
S/O BIJAY MOHAN PRASAD SINGH
AGED ABOUT 42 YEARS,
R/A BLOCK 05 RIVERVALE CREST
04-12, SENGKANG
SINGAPORE-545084.
UNIT NO. AVENUE X-401
20 . TIMOTHY VALENTINE,
THROUGH MR. ROHIT KUMAR CHATURDAS PATEL,
S/O. MELVIN JOSEPH VALENTINE,
AGED ABOUT 37 YEARS,
RESIDING AT 1, STRATHEDEN COURT,
33 GROVE ROAD, SUTTON, LONDON,
SM1 2 AQ, UNITED KINGDOM.
UNIT NO AVENUE D903
21 . VIJAYA KUMAR KIDAMBI
THROUGH MR. SHADAGOPALAN EUNNI,
S/O. JAGANNATHA CHARY KIDAMBI,
AGED ABOUT 60 YEARS,
RESIDING AT FLAT NO.15,
BUILDING NO.12, ABU HALIFA, BLOCK 1,
MUDHAR STREET, KUWAIT 61008.
UNIT NO K301.
22 . SHITIJ SETHI
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. VIJAY SETHI,
AGED ABOUT 43 YEARS,
RESIDING AT 06-08, ASPEN HEIGHTS, 261
RIVER VALLEY ROAD, SINGAPORE-238307.
UNIT NO AQUA 2 H-401.
23 . NAYAB MASTHANVALLI
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. NAYAB HUSSAINPEERA,
AGED ABOUT 45 YEARS,
RESIDING AT 869A, 11-504 TAMPINES AVE 8,
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SINGAPORE-521869.
UNIT NO AVENUE D-901.
24 . GUNDLUR SALMA BEGUM
THROUGH MR. SHADAGOPAN EYUNNI,
D/O. GUNDLUR NISAR AGAMMED,
AGED ABOUT 37 YEARS,
RESIDING AT 869A, 11-504 TAMPINES AVE 8,
SINGAPORE-521869.
UNIT NO AVENUE D-901
25 . RAVINDRA N SHANTAGIRI
THROUGH MR. MAHESH LINGAPPA,
S/O. NINGANGOUDA K. SHANTAGIRI
AGED ABOUT 62 YEARS,
RESIDING AT FLAT 22, BLDG 79,
BLOCK10, SALMIYA, KUWAIT.
UNIT NO AVENUE A-901
26 . VARSHA R. SHANTAGIRI
THROUGH MR. MAHESH LINGAPPA,
W/O. RAVINDRA N. SHANTAGIRI,
AGED ABOUT 43 YEARS,
RESIDING AT FLAT 22, BLDG 79,
BLOCK 10, SALMIYA, KUWAIT.
UNIT NO AVENUE A-901.
27 . SENTHIL KUMAR G.
THROUGH MR. BIPUL BHATTACHARYA,
S/O. S. GOVINDAN,
AGED ABOUT 41 YEARS,
RESIDING AT D18-406, PURVA WINDERMERE,
BHAVANI AMMAN KOVIL STREET, PALLIKARANAI,
CHENNAI 600100.
UNIT NO AVENUE N-1003.
28 . SHYAMALA SENTHIL KUMAR,
THROUGH MR. BIPUL BHATTACHARYA,
W/O. SENTHIL KUMAR G.,
AGED ABOUT 41 YEARS,
RESIDING AT D18-406, PURVA WINDERMERE,
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BHAVANI AMMAN KOVIL STREET, PALLIKARANAI,
CHENNAI-600100.
UNIT NO AVENUE N-1003
29 . ASHISH GANPAT RANE,
THROUGH MR. ARUP KUMAR DAS,
S/O. GANPAT S. RANE,
AGED ABOUT 45 YEARS,
RESIDING AT 21 BRACKLEY PLACE HALIFAX NS,
B3M4H2, CANADA.
UNIT NO AVENUE W-801 AND AVENUE W-802
30 . MAMTA ASHISH RANE,
THROUGH MR. ARUP KUMAR DAS,
W/O. ASHISH GANPAT RANE,
AGED ABOUT 45 YEARS,
RESIDING AT 21 BRACKLEY PLACE HALIFAX NS,
B3M4H2, CANADA.
UNIT NO AVENUE W801 AND AVENUE W-802.
31 . HARMAN CHEEMA,
THROUGH MR. ROHITKUMAR CHATURDASPATEL,
S/O. RAVINDER SINGH CHEEMA,
AGED ABOUT 40 YEARS,
RESIDING AT C95, 9 RUE CECILE, BRUNSCHVICG,
TOULOUSE, 31200,
FRANCE.
UNIT NO AQUA 1 A705 AND AQUA 1 B-407.
32 . SAUMITRA GUPTA,
THROUGH MR. ARUP KUMAR DAS,
S/O. SHANKAR LAL GUPTA,
AGED ABOUT 43 YEARS,
RESIDING AT 110 TEMPLE ROAD, NAWALA, COLOMBA,
SRI LANKA PIN 11222.
UNIT NO AQUA 1 A307 AND AQUA 1 A-506.
33 . RAMESH MENON,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. T.S. MENON,
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AGED ABOUT 38 YEARS,
RESIDING AT 210 BLUE HERON DR,
SECAUSUS, NJ, 07094, USA.
UNIT NO AVENUE X-504.
34 . SOWMYA SOMASUNDARAN,
THROUGH MR. BIPUL BHATTACHARYA,
W/O. RAMESH MENON,
AGED ABOUT 34 YEARS,
RESIDING AT 210 BLUE HERON DR,
SECAUSUS, NJ, 07094, USA.
UNIT NO AVENUE X-504.
35 . NALLUR ANANTHARAO RAGHAVENDRA,
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. NALLUR ANANTHARAO,
AGED ABOUT 50 YEARS,
RESIDING AT BLK 4, HOLLAND CLOSE,
15-11, SINGAPORE-271004.
UNIT NO AVENUE U-304.
36 . YOGESH KUMAR VIJ,
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. RAVINDER KUMAR,
AGED ABOUT 48 YEARS,
RESIDING AT BLOCK 2C 05-01, HONG SAN WALK,
SINGAPORE-689049.
UNIT NO AVENUE U-403
37 . TATIKONDA VINAY KUMAR,
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. T. VINOD KUMAR,
AGED ABOUT 43 YEARS,
RESIDING AT BLK, 16-386, PUNGGOL CENTRAL,
SINGAPORE-820649.
UNIT NO AVENUE H-1002
38 . PREETY KHATTAR,
THROUGH MR. ANILKUMAR CHATURDASPATEL,
S/O. KRISHAN KUMAR KHATTAR,
AGED ABOUT 41 YEARS,
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RESIDING AT 33 CLOSTER AVENUE, NUNAWADING,
MELBOURNE,
VICTORIA - 3131, AUSTRALIA
UNIT NO. AVENUE W-804.
39 . RAKESH AGARWAL,
THROUGH MR. ARUP KUMAR DAS,
S/O. B.P. AGARWAL,
AGED ABOUT 37 YEARS,
RESIDING AT 47F, TOWER 1, RAMBLER CREST 1,
TSING YI ROAD, TSING YI NT, HONG KONG.
UNIT NO AVENUE C-404
40 . MEERA CHAKA,
THROUGH MR. BIPUL BHATTACHARYA,
W/O. UDAY KIRAN CHAKA,
AGED ABOUT 41 YEARS,
RESIDING AT 905 W MIDDLEFIELD ROAD, UNIT 922,
MOUNTAIN VIEW, CA 94043, USA.
UNIT NO AVENUE LG04, AVENUE E G01,
AVENUE H G02, AVENUE L 104, AVENUE U 202 AVENUE
U 301
41 . UDAY KIRAN CHAKA,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. RANGAIAH CHAKA,
AGED ABOUT 43 YEARS,
RESIDING AT 905 W MIDDLEFIELD ROAD,
UNIT 922, MOUNTAIN VIEW,
CA 94043, USA
UNIT NO AVENUE E101, AVENUE H G02,
AQUA 2 K G02, AVENUE E G01
42 . SUNITA JADHAV,
THROUGH MR. BIPUL BHATTACHARYA
D/O. RAMAKRISHNA K. JADHAV,
AGED ABOUT 51 YEARS,
RESIDING AT 49553 S. GLACIER NORTHVILLE, MI,
48168.
UNIT NO AVENUE K403.
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43 . SAGAR ARVIND PANDYA
THROUGH MR. MAHESH LINGAPPA,
S/O.ARVIND UMYASHANKAR PANDYA,
AGED ABOUT 38 YEARS,
RESIDING AT FLAT NO 906,
AL ABDULLAH TOWER, ALMAHDA SHARJAH.
UNIT NO AVENUE L201.
44 . BIMALENDU SUKLA,
THROUGH MR. MAHESH LINGAPPA,
S/O. LAL BIHARI SUKLA,
AGED ABOUT 41 YEARS,
RESIDING AT HOUSE NO.10, BUILDING 60,
THE GARDENS, DUBAI, UNITED ARAB EMIRATES.
UNIT NO AVENUE L703
45 . PRADEEP KUMAR SUNDAR SHETTY,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. SUNDAR SHETTY,
AGED ABOUT 43 YEARS,
RESIDING AT 421 RUBY WALK DR,
MORRISVILLE, 27560.
UNIT NO AQUA 2 G007.
46 . MOHAMMED YUSUF CALCUTTAVALA,
THROUGH MR. ANILKUMAR CHATURDASPATEL,
S/O. YUSUF ABBAS CALCUTTAWALA,
AGED ABOUT 41 YEARS,
RESIDING AT 113, THOMAS BOULTON,
CIRCUIT, KELLYVILLE, NSW 2155, AUSTRALIA.
UNIT NO AVENUE X303
47 . BENHUR LINGAMNENI
THROUGH MR. ANILKUMAR CHATURDAS PATEL,
S/O. PRASAD LINGAMNENI,
AGED ABOUT 42 YEARS,
RESIDING AT 10, BUNYA PINE COURT,
WEST KEMPSEY, NSW 2440, AUSTRALIA.
UNIT NO AVENUE W303
48 . BIKASH CHAKRABORTY,
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THROUGH MR. SHADAGOPAN EYUNNI,
S/O. (L) BROJENDRA KUMAR CHAKRABORTY,
AGED ABOUT 47 YEARS,
RESIDING AT 07-138, BLOCK 19,
MARINE TERRACE, SINGAPORE-440019.
UNIT NO AVENUE X-701
49 . SYED AJMAL AHMED,
THROUGH MR. MAHESH LINGAPPA,
S/O. (L) DR. SYED ABDUL JALEEL,
AGED ABOUT 54 YEARS,
RESIDING AT 3801, A1 MAJAZ TOWER,
BUHAIRAH MAJAZ 3, SHARJAH, U.A.E.
UNIT NO AVENUE A904.
50 . SHIREEN FATHIMA,
THROUGH MR. MAHESH LINGAPPA,
W/O. SYED AJMAL AHMED,
AGED ABOUT 50 YEARS,
RESIDING AT 3801, AL MAJAZ TOWER,
BUHAIRAH MAJAZ 3, SHARJAH, U.A.E.
UNIT NO AVENUE A904
51 . SUPRIYA BHAT,
THROUGH MR. SHADAGOPAN EYUNNI,
D/O. ARCHAN MILIND BAHULEKAR,
AGED ABOUT 39 YEARS,
RESIDING AT 279A SIXTH AVENUE,
SINGAPORE 276566.
UNIT NO AVENUE F G02
52 . ARCHAN BAHULEKAR,
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. MILIND,
AGED ABOUT 41 YEARS,
RESIDING AT 279A SIXTH AVENUE,
SINGAPORE-276566.
UNIT NO AVENUE F G02.
53 . VASANT VASUDEVA SHENOY
THROUGH MR. ANILKUMAR CHATURDAS PATEL,
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S/O. UDIYAVAR VASUDEVA PATEL,
AGED ABOUT 45 YEARS,
RESIDING AT 61, PTERIE WAY, IDALIA,
QLD 4811.
UNIT NO AVENUE L604.
54 . LAKSHMI BHAVYA BHANU CHIVUKULA
THROUGH MR. BIPUL BHATTACHARYA,
D/O. CH. YAGNA BRAHMAM,
AGED ABOUT 34 YEARS,
RESIDING AT 2323 W. PERSING ROAD APARTMENT 609,
CHICAGO IL 60609, USA
UNIT NO L704
55 . SITARAM GAYATRI
THROUGH MR. BIPUL BHATTACHARYA,
S/O. SRI G. VENKATESWARLIO,
AGED ABOUT 37 YEARS,
RESIDING AT 2323 W. PERSING ROAD APARTMENT 609,
CHICAGO IL 60609, USA
UNIT NO L704
56 . COL. ROHIT MENON
THROUGH MR. BIPUL BHATTACHARYA,
S/O. SHANKAR PRASAD MENON,
AGED ABOUT 43 YEARS,
RESIDING AT 170/3 TARAPORE ENCLAVE,
GATE NO. 18, ACC S, AHMEDNAGAR 414001
UNIT NO AVENUE G704.
57 . JOTHI MURUGAN RAMASAMY
THROUGH MR. BIPUL BHATTACHARYA,
S/O. RAMASAMY RASAPPA GOUNDER,
AGED ABOUT 46 YEARS,
RESIDING AT 4220 HARRISON LNDG,
CUMMING, GA 30041,
USA.
UNIT NO AVENUE N901.
58 . MOIZ TANKIWALA
THROUGH MR. MAHESH LINGAPPA,
- 14 -
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S/O. ABDULHUSAIN TANKIWALA,
AGED ABOUT 45 YEARS,
RESIDING AT JUMA AMAN BUILDING, FLAT 913,
BAGHDAD STREET, A1 NAHDAL, DUBAI.
UNIT NO AVENUE U803
59 . LATA VISHWANATH KUKIAN
THROUGH MR. MAHESH LINGAPPA,
W/O. MR. VISHWANATH DOGRA KUKIAN,
AGED ABOUT 47 YEARS,
RESIDING AT RAWDAT A1 WARSAN, APARTMENT 201,
WARSAN I, DUBAI, UNITED ARAB EMIRATES
UNIT NO G607.
60 . RASHMI LUNIA BHURA,
THROUGH MR. BIPUL BHATTACHARYA,
W/O. AMIT BHURA,
AGED ABOUT 42 YEARS,
RESIDING AT S202, WILSON COURT APARTMENTS,
6TH CROSS, WILSON GARDEN, BANGALORE - 560 027.
UNIT NO PAVILION A201.
61 . SUMITA VEDA
THROUGH MR. BIPUL BHATTACHARYA,
W/O. UMIR CHAND BHURA,
AGED ABOUT 46 YEARS,
RESIDING AT S202, WILSON COURT APARTMENTS,
6TH CROSS, WILSON GARDEN, BANGALORE 560 027.
UNIT NO PAVILION A101
62 . PURAVOOR SANJEEV
UNNIKRISHPANICKER,
THROUGH MR. ROHIT KUMAR CHATURDASPATEL,
S/O. (L) SHRI K.U. PANICKER,
AGED ABOUT 50 YEARS,
RESIDING AT SCHIPHOLSTRAAT 90,
ROTTERDAM 3045XD,
THE NETHERLANDS.
UNIT NO AVENUE E304
AVENUE E1004.
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63 . BASAB BHATTACHARYA
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. MRINAL KANTI ,
AGED ABOUT 47 YEARS,
RESIDING AT THE FLORAVALE 0862,
248 WEST WOOD AVENUE, SINGAPORE 648353.
UNIT NO AVENUE J903.
64 . CHINMOYEE CHAKRABORTY
THROUGH MR. SHADAGOPAN EYUNNI,
D/O. DILIP KUMAR CHAKRABORTY,
AGED ABOUT 41 YEARS,
RESIDING AT THE FLORAVALE 0862,
248 WEST WOOD AVENUE, SINGAPORE 648353.
UNIT NO AVENUE J903
65 . SAMEER KUMAR
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. ANIL KUMAR,
AGED ABOUT 34 YEARS,
RESIDING AT 5 SENGKANG EAST AVENUE,
1113, SINGAPORE - 544740.
UNIT NO AVENUE N602.
66 . SAKSHI
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. SHAILESH KUMAR,
AGED ABOUT 33 YEARS,
RESIDING AT 5 SENGKANG EAST AVENUE,
1113, SINGAPORE - 544740.
UNIT NO AVENUE N602.
67 . ABHISHEK MAKKAR
THROUGH MR. BIPUL BHATTACHARYA,
S/O. O.P. MAKKAR,
AGED ABOUT 38 YEARS,
RESIDING AT FLAT NO. 304, 2ND BLOCK,
HERITAGE ESTATE, KENCHENHALLI ROAD,
DODBALLAPURA ROAD, YELAHANKA, BANGALORE 560
064.
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UNIT NO AVENUE E503.
68 . AMOL AGRAWAL
THROUGH MR. BIPUL BHATTACHARYA,
S/O. A.P. AGRAWAL,
AGED ABOUT 38 YEARS,
RESIDING AT 3023 CASA SERENITA, SOBHACITY,
THANISANDRA MAIN ROAD, RK HEGDE NAGAR,
BANGALORE,
KARNATAKA -560 077.
UNIT NO D204.
69 . RAVI KUMAR REDDY
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. D. RAMI REDDY,
AGED ABOUT 37 YEARS,
RESIDING AT 09265, BLK 283, BUKIT BATOK,
EAST AVENUE 3, SINGAPORE -650283.
UNIT NO AQUA 2 H101
AQUA 2 H 501.
70 . PRATHYUSHA BILLANENRI
THROUGH MR. RAKESH KUMAR CHAURASIA,
W/O. RAVI KUMAR REDDY,
AGED ABOUT 31 YEARS,
RESIDING AT 09265, BLK 283, BUKIT BATOK,
EAST AVENUE 3, SINGAPORE - 650283.
UNIT NO AQUA 2 H101 AQUA 2 H 501.
71 . NAVEEN KUMAR NARAYANA RAO
THROUGH MR. MAHESH LINGAPPA,
S/O. (L) NARAYANA RAO,
AGED ABOUT 39 YEARS,
RESIDING AT 806, DANA RESIDENCE,
ALNAHDA 2, DUBAI, UAE.
UNIT NO AVENUE F604.
72 . RAJINI NAVEEN RAO
THROUGH MR. MAHESH LINGAPPA,
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WP No. 14484 of 2022
S/O. (L) MANJUNATH,
AGED ABOUT 31 YEARS,
RESIDING AT 806, DANA RESIDENCE,
ALNAHDA 2, DUBAI, UAE.
UNIT NO AVENUE F604.
73 . RISHI SHRIVASTAVA
THROUGH MR. BIPUL BHATTACHARYA,
S/O. H.N. SHRIVASTAVA,
AGED ABOUT 45 YEARS,
RESIDING AT 7200 BOLLINGER RD, APT.706,
SAN JOSE CA 95129
UNIT NO AVENUE N803.
74 . MOHAMMED NURAIN MEGOON
THROUGH MR. MAHESH LINGAPPA,
S/O. MOHAMMED NASIR MEGOON,
AGED ABOUT 39 YEARS,
RESIDING AT MG TOWER 2, FLAT 402, SHARJAH, UAE.
UNIT NO AVENUE N102.
75 . UMMA SARIYA
THROUGH MR. MAHESH LINGAPPA,
D/O. MOHAMMED NAJEEB AHMED,
AGED ABOUT MAJOR YEARS,
RESIDING AT MG TOWER 2, FLAT 402, SHARJAH, UAE.
UNIT NO AVENUE N102.
76 . HARISH RAWAT
THROUGH MR. BIPUL BHATTACHARYA,
S/O. M S RAWAT,
AGED ABOUT 54 YEARS,
RESIDING AT FLAT NO. G 9/2, 23 ACRE COMPLEX,
APS COLONY ROAD, DELHI CANTT, NEW DELHI -110010.
UNIT NO AVENUE B604.
77 . MANAS ROUT
THROUGH MR. BIPUL BHATTACHARYA,
S/O. DEBANANDA ROUT,
AGED ABOUT 40 YEARS,
RESIDING AT 4319 CHAMPION ROAD, NAPERVILLE, IL,
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WP No. 14484 of 2022
60124,
USA.
UNIT NO L1003.
78 . MR ASHISH KUMAR GUPTA
THROUGH MR. ARUP KUMAR DAS,
S/O. RAMESH C. GUPTA,
AGED ABOUT 45 YEARS,
RESIDING AT C4LOWENTHAL STREET,
BLUE STAR PROPERTY, OPPOSITE TO ZAMBIA
BREWERIES
NDOLA - ZAMBIA.
UNIT NO AVENUE N903.
79 . NIRAI SINGH
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. RAM GOPAL SINGH,
AGED ABOUT 55 YEARS,
RESIDING AT 2 LINCOLN ROAD, 07-03, SINGAPORE
308342.
UNIT NO AQUA 2 H-606.
80 . RUPESH KUMAR
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. LAKSHMAN PRASAD,
AGED ABOUT 41 YEARS,
RESIDING AT JALAN BATU BLOCK-10,
05-14 SINGAPORE- 431010.
UNIT NO AVENUE U603,
AVENUE L302.
81 . ANJU GUPTA
THROUGH MR. SHADAGOPAN EYUNNI,
D/O. SHRI. DHRUB NARAIN,
AGED ABOUT 37 YEARS,
RESIDING AT JALAN BATU BLOCK-10, 05-14
SINGAPORE -431010.
UNIT NO AVENUE U-603,
AVENUE L-302.
82 . SAMBIT AGASTI
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WP No. 14484 of 2022
THROUGH MR. ANILKUMAR CHAURASIA,
S/O. ISWAR CHANDRA AGASTI,
AGED ABOUT 37 YEARS,
RESIDING AT 49 WARD STREET, SCHOFIELDS, NSW-
2762,
AUSTRALIA.
UNIT NO AVENUE Q-904.
83 . GAURAV BHATNAGAR
THROUGH MR. BIPUL BHATTACHARYA,
S/O. SHRI MUKESH BHATNAGAR,
AGED ABOUT 41 YEARS,
RESIDING AT 3570 BEN LANE,
STOCKTON, CA USA 95206
UNIT NO AVENUE VG04.
84 . INDER PUNNA
THROUGH MR. BIPUL BHATTACHARYA,
S/O. A.P. KUTTYKRISHNAN,
AGED ABOUT 54 YEARS,
RESIDING AT SKYRISE APPT, B-801, CENTRAL AVENUE,
CHEMBUR, MUMBAI-400071
UNIT NO AVENUE S-804.
85 . SIVARAMAKRISHNA PARITALA
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. RAMAMOHAN RAO PARTIALA,
AGED ABOUT 40 YEARS,
RESIDING AT 13-2-223 13TH WARD, MACHERLA,
GUNTUR, ANDHRA PRADESH-522426.
UNIT NO AVENUE N401.
86 . SANDEEP KUMAR SHARMA
THROUGH MR. BIPUL BHATTACHARYA,
S/O. SHIV DARSHAN LAL,
AGED ABOUT 46 YEARS,
RESIDING AT 9714 WINDY HOLLOW DR.,
IRVING, TEXAS, USA-75063
UNIT NO AVENUE S-604.
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87 . KARABI BORA
THROUGH MR. BIPUL BHATTACHARYA,
S/O. (L) HARENDRANATH BORA,
AGED ABOUT 54 YEARS,
RESIDING AT 4 OVERLOOK DR. FRANKLIN, MA 02038,
USA.
UNIT NO AVENUE V 804.
88 . DR. SANJAY D
THROUGH MR. SHADAGOPAN EYUNNI,
S/O. DURUVASAN,
AGED ABOUT 43 YEARS,
RESIDING AT NANDANAM 1665/42,
4TH CROSS, SS LAYOUT, A BLOCK, DAVANGERE-577
004.
UNIT NO PAVILION J-603.
89 . RAVI SWAMINATHANA
THROUGH MR. SHADAGOPAN EYUNNI,
S/O O SWAMINATHAN
AGED ABOUT 52 YEARS,
R/AT 10-540
32 JALAN BUKIT HO SWEE
SINGAPORE-160032
UNIT NO. AVENUE C-1002
90 . N. R. A. PRASAD
THROUGH MR. ROHITKUMAR CHATURDAS PATEL
S/O N.R RAMAKRISHNA
AGED ABOUT 59 YEARS
R/AT 226/ NEW ROAD,
STOKE GIFFORD, BRISTOL
BS34 8TQ UK
UNIT NO. AVENUE T-G04
91 . THIAGARAJAN
THROUGH MR. BIPUL BHATTACHARYA
S/O (L) R.S HARIHARAN
AGED ABOUT 53 YEARS,
R.AT A 803, HILLGRANGE,
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HIRANADANI ESTATE,
GHODBUNDER ROAD,
THANE-400607
UNIT NO. AVENUE A-103
92 . DIPABEN PRAVINBHAI SHAH
THROUGH MR. ROHITKUMAR
CHATURDAS PATEL
S/O PRAVINBHAI SHAH
AGED ABOUT 43 YEARS,
R/AT KARENSLYST
A112
42 OLSO 0269,
NORWAY
UNIT NO. AVENUE L-1002
93 . VIJAY DESHPANDE,
THROUGH MR. ANILKUMAR CHATURDAS PATEL,
S/O. BHAGWANTRAO DESHPANDE,
AGED ABOUT 60 YEARS,
RESIDING AT 1 EILDON COURT,
WATTLE GROVE, NSW 2173.
UNIT NO AVENUE S-G03.
94 . JAYSHREE DESHPANDE,
THROUGH MR. ANILKUMAR CHATURDAS PATEL,
S/O. BHAGWANTRAO DESHPANDE,
AGED ABOUT 60 YEARS,
RESIDING AT 1 EILDON COURT,
WATTLE GROVE, NSW 2173.
UNIT NO AVENUE S-G03
95 . NARENDRA KUMAR NARAMSETTY,
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. NC. VENKATA SUBBAIAH,
AGED ABOUT 38 YEARS,
RESIDING AT UNIT 16-351, BLK 615C,
EDGE FIELD PLAINS,
SINGAPORE-823615.
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UNIT NO AVENUE G-1002
96 . MANJULLA VALLAMKONDU,
THROUGH MR. RAKESH KUMAR CHAURASIA,
W/O. NARENDRA KUMAR NARAMSETTY,
AGED ABOUT 29 YEARS,
RESIDING AT UNIT 16-351, BLK 615C,
EDGE FIELD PLAINS, SINGAPORE-823615.
UNIT NO AVENUE G-1002.
97 . GEORGE THOMAS AND SILVI,
THROUGH MR. ANIL KUMAR CHATURDAS PATEL,
S/O. (L) K. THOMAS,
AGED ABOUT 60 YEARS,
RESIDING AT 63 GEORGE STREET,
TAYLORS HILL,
VICTORIA-3037, AUSTRALIA.
UNIT NO AVENUE R 604 AND AVENUE F703.
98 . FAIZ ARSHAD KHAN,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. MOHD. ARSHAD,
AGED ABOUT 41 YEARS,
RESIDING AT G-227, SOUTHCITY, RAEBARELI ROAD,
NR. B.R. AMBEDKAR UNIVERSITY, LUCKNOW,
UTTAR PRADESH-226025.
UNIT NO AQUA 2 H-605.
99 . SADIYA SHAFI,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. MR. FAIZ,
AGED ABOUT 34 YEARS,
RESIDING AT G-227, SOUTHCITY, RAEBARELI ROAD,
NR. B.R. AMBEDKAR UNIVERSITY, LUCKNOW,
UTTAR PRADESH-226025.
UNIT NO AQUA 2 H-605.
100 . SRINIVASA RAO ARE,
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. RAMAMURTHY ARE,
AGED ABOUT 49 YEARS,
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WP No. 14484 of 2022
RESIDING AT 636A, PUNGGOL DRIVE, 13-635
SINGAPORE-821636.
UNIT NO AVENUE G-802.
101 . GAURAV VANAMALI WAIKAR,
THROUGH MR. ANILKUMAR CHATURDAS PATEL,
S/O. VANAMALI SHRINIWAS WAIKER,
AGED ABOUT 41 YEARS,
RESIDING AT 22 FUCHSIA CRESCENT,
MACQUARIE FIELDS,
NSW-2564, SYDENY, AUSTRALIA.
UNIT NO Q-504.
102 . KIRAN ZOND BASAWARAJ,
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. BASAWARAJ VIRAPPA ZOND,
AGED ABOUT 44 YEARS,
RESIDING AT CLEMENTI, WEST STREET-2,
BLK-712, UNIT 11-173, SINGAPORE-120712.
UNIT NO AQUA H-602.
103 . BUPUR RAMESH,
THROUGH MR. RAKESH KUMAR CHAURASIA,
S/O. BUPUR NANGANA,
AGED ABOUT 48 YEARS,
RESIDING AT 05-22, DLK 19,
DOVER CRESENT 130019.
UNIT NO F-601.
104 . ILANJEZHIAN,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. TAMIZHARASAN,
AGED ABOUT 36 YEARS,
RESIDING AT NO 56, BHARATHNLADASAN ST,
DR. R .K. NAGAR, ARIYANKUPPAM, PONDICHERRY-
605007.
UNIT NO AVENUE M-204.
105 . EKTA VERMA
THROUGH MR. BIPUL BHATTACHARYA,
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WP No. 14484 of 2022
DO. DR. SITARAM R. SACHAN,
AGED ABOUT 53 YEARS,
RESIDING AT A 803, MERMAID
1, SECTOR 11, CBD BELAPUR,
NAVI MUMBAI-400614.
UNIT NO. AVENUE E-604.
106 . PRABHA VERMA,
THROUGH MR. BIPUL BHATTACHARYA,
D/O. MR. PREM PRAKASH,
AGED ABOUT 27 YEARS,
RESIDING AT A 803, MERMAID
1, SECTOR 11, CBD BELAPUR,
NAVI MUMBAI-400614.
UNIT NO: AVENUE E 604
107 . ARMAN HAYAT,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. EKRAMUL HAQUE,
AGED ABOUT 37 YEARS,
RESIDING AT JUBAIL, KSA 31961
UNIT NO: AQUA 2 K-404.
108 . AKSHAY NAIR
THROUGH MR. ROHITKUMAR CHATURDAS PATEL,
S/O. (L) MR. P.N. NAIR,
AGED ABOUT 40 YEARS,
RESIDING AT 9, CONDOR GATE,
CHELMSFORD CM33FU,
UNITED KINGDOM UNIT NO: AVENUE B-603
AND AQUA 2 K-604.
109 . PARIXIT SHUKLA,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. OM PRAKASH SHUKLA,
AGED ABOUT 38 YEARS,
RESIDING AT B 5 801, ALCON RENAISSANT,
KHARADI, PUNE 411014.
UNIT NO AVENUE F501.
110 . RUPESH KUMAR,
THROUGH MR. BIPUL BHATTACHARYA,
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WP No. 14484 of 2022
S/O. (L) KISHORE PRASAD,
AGED ABOUT 46 YEARS,
RESIDING AT 123 OKRA, IRVINE,
CALIFORNIA 92618, USA
UNIT NO AVENUE B-101.
111 . RAVI SHEKHAR PRASAD SINGH,
THROUGH MR. ROHITKUMAR CHATURDAS PATEL,
S/O. RAM NARESH PRASAD SINGH,
AGED ABOUT 37 YEARS,
RESIDING AT JARVEIEN 45 D HEIDAL 7071,
NORWAY.
UNIT NO. AQUA H-303.
112 . RAMESH CHITTAPRAGADA
THROUGH MR. ROHITKUMAR
CHATURDAS PATEL,
S/O MADHAVASWAMI CHITTAPRAGADA
AGED ABOUT 44 YEARS,
R/AT NO.249 MANCHESTER
ROAD ALTRINCHAM UNITED KINGDOM WA 14 5PB
UNIT NO. AVENUE P-G02
113 . NAGASARADA REBBAPRAGADA
THROUGH MR. ROHITKUMAR
CHATURDAS PATEL
W/O RAMESH CHITTAPRAGADA
AGED ABOUT 39 YEARS,
R/AT NO.249 MANCHESTER
ROAD, ALTRINCHAM UNITED
KINGDOM WA 14 5PB
UNIT NO. AVENUE P-G02
114 . VINOD VARDHINI
THROUGH MR. BIPUL
BHATTACHARYA
S/O BHASKAR RAO A. J.
AGED ABOUT 51 YEARS,
R/AT B52 1ST FLOOR,
B BLOCK, SOUTH CITY-1 SECTOR
30, GURGAON 122001
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HARYANA
UNIT NO. AVENUE T-101
115 . VISHAL SOMAL
THROUGH MR. ROHITKUMAR
CHATURDAS PATEL
S/O MR. VENU B. SOMAL
AGED ABOUT 46 YEARS,
R/AT 3 BINDON ABBEY
BEDFORD U K MK410AZ
UNIT NO.AVENUE R702
116 . ABHISHEK DAYANANDA NAYAK
THROUGH MR. BIPUL
BHATTACHARYA
S/O DAYANANDA NAYAKA
AGED ABOUT 36 YEARS,
R/AT 1500 PLANTATION OAKS DRIVE APT 1702
TROPHY CLUB, TX 76262
UNIT NO. AVENUE V-G003
117 . CHADRASHEKHAR N BASAPPA
THROUGH MR. BIPUL
BATTACHARYA
S/O BASAPPA N
AGED ABOUT 43 YEARS,
R/AT 1235 S HOLLYHOCK
DRIVE MOUNTAIN HOUSE,
UNITED ESTATES CALIFORNIA-05391
UNIT NO.AVENUE F-903
118 . VIVEKANAND BALUSA
THROUGH MR. MAHESH
LINGAPPA
S/O B. JAYARAMULU
AGED ABOUT 56 YEARS, R/AT FLAT NO.3504 A1
BATHA TOWER BUSINESS BAY
P O BOX 91750 DUBAI UAE
UNIT NO.BELVEDERE D-G03
119 . BALUSA LAXMI
THROUGH MR. MAHESH
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WP No. 14484 of 2022
LINGAPPA
D/O V PANDURAM
AGED ABOUT 56 YEARS,
R/AT FLAT NO.3504 A1
BATHA TOWER BUSINESS BAY
P. O. BOX 91750 DUBAI UAE
UNIT NO. BELVEDERE D-G03
120 . GOURVENDU SAXENA
THROUGH MR. RAKESH KUMAR CHAURASIA
S/O JITENDRA BASU SAXENA
AGED ABOUT 40 YEARS,
R/AT 5D ADAM ROAD,
NO.03-02 ADAM PLACE -289884
SINGAPORE
UNIT NO. L G02 W 304
121 . RISHU SRIVASTAVA
THROUGH MR. RAKESH KUMAR CHAURASIA
W/O GOURVENDU SAXENA
AGED ABOUT 36 YEARS,
R/AT 5D ADAM ROAD NO.03-02 ADAM PLACE-289884
SINGAPORE
UNIT NO.L G02 W 304
122 . JAYATHEERTHA JOSHI,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. J LAKSHMANACHAR,
AGED ABOUT 45 YEARS,
RESIDING AT 2856 W WARNER
ESTATES DR, APPLETON, WI, 54913.
UNIT NO AVENUE W-1002 AVENUE X-502.
123 . ASHISH PARNAMI,
THROUGH MR. ROHITKUMAR CHATURDAS PATEL,
S/O. MR. L.K. PARMANI,
AGED ABOUT 45 YEARS,
RESIDING AT 1 BANTOCK WAY, WITHAM,
ESSEX CM8 1BG, UNITED KINGDOM.
UNIT NO AQUA 2 H301.
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124 . MAHESH RAM JOSHI,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. MR. BALRAM JOSHI,
AGED ABOUT 55 YEARS,
RESIDING AT E301 OZONE AQUA,
OZONE URBANA, KANNAMANGALA, DEVANAHALLI,
BANGALORE-562110.
UNIT NO AVENUE T1101.
125 . SHAIKH MOHAMMED IBRAHIM
THROUGH MR. RAKESHKUMAR CHAURASIA,
S/O. SHAIKH MOHAMMED ISHAQUE,
AGED ABOUT 47 YEARS,
RESIDING AT 02-14, BLOCK-180, BEDOK NORTH ROAD,
SINGAPORE-460180.
UNIT NO AVENUE L-901.
126 . SANJAY BENOY DASMUNSHY,
THROUGH MR. RAKESHKUMAR CHAURASIA,
S/O. BENOY,
AGED ABOUT 56 YEARS,
RESIDING AT 2A/201 POONAM NAGAR,
MAHAKALI CAVES,
ANDHERI EAST, MUMBAI.
UNIT NO AVENUE A-302.
127 . PRIYESH SINHA,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. (L) RAKESH KUMAR SINHA,
AGED ABOUT 36 YEARS,
RESIDING AT APT 11101,
PRESTIGE ROYAL GARDEN,
BANGALORE-561203.
UNIT NO AVENUE H-501.
128 . ERROL JOHN NORONHA,
THROUGH MR. BIPUL BHATTACHARYA,
S/O. MR. RONALD IVAN NORONHA,
AGED ABOUT 56 YEARS,
RESIDING AT HIRANANDANI CALGARY, B-103,
DEVANAHALLI, BENGALURU-562110.
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WP No. 14484 of 2022
UNIT NO AVENUE N701 BELVEDERE E-G003
129. THE STATE OF KARNATAKA
HALASUR P. S.
REP. BY HCGP
HIGH COURT OF KARNATAKA
BENGALURU-01.
......RESPONDENTS
(BY SMT. ANITHA GIRISH, HCGP FOR R129.
SMT. DHANANJAY JOSHI, SENIOR COUNSEL FOR
SRI. RAJESH PANDIAN ADVOCATE FOR R1 TO R59
AND R62 TO R127
SRI. REYNOLD D'SOUZA, ADVOCATE
FOR R60, R61 AND R128.
THIS WRIT PETITION IS FILED UNDER ARTICLE 482 PRAYING
TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION
QUASHING THE PRIVATE COMPLAINT DATED.06.04.2022 AND THE
ENTIRE PROCEEDINGS IN P.C.R.20/2022 FOR THE OFFENCE
PUNISHABLE UNDER SECTION 406, 409, 417, 418, 420 AND 120B
R/W SECTION 34 OF THE INDIAN PENAL CODE 1860 AND SECTION 9
OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004 ARRANGING THE PRESENT
PETITIONER AS THE ACCUSED NO.1 TO 3 RESPECTIVELY, PENDING
ON THE FILES OF THE HON'BLE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE AND SPECIAL COURT FOR KPIDFE
ACT AT BANGALORE (ANNEXURE-A AND B) TO THE PETITION. B)
ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING
THE FIR IN CRIME NO.143/2022 DTD.17.7.2022 DATED 17/07/2022
OF ULSOOR POLICE STATION, BANGALORE BASED ON THE
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REFERENCE RECEIVED FROM THE COURT BELOW IN P.C.R.
NO.20/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 406,
409, 417, 418, 420 AND 120B R/W SECTION 34 OF THE INDIAN
PENAL CODE 1860 AND SECTION 9 OF THE KARNATAKA
PROTECTION OF INTEREST OF DEPOSITION IN FINANCIAL
ESTABLISHMENTS ACT 2004 ARRANGING THE PRESENT PETITIONER
AS THE ACCUSED NO.1 TO 3 RESPECTIVELY, VIDE ANNEXURE-
C TO THE WRIT PETITION.
THIS WRIT PETITION HAVING BEEN RESERVED FOR ORDERS
COMING ON FOR PRONOUNCEMENT THIS DAY, MADE THE
FOLLOWING:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
CAV ORDER
This writ petition is filed by the petitioners/accused Nos.1
to 3 for setting aside the order passed by the Principal City Civil
and Sessions Judge at Bengaluru (hereinafter referred to as
'the Special Court' for short) for referring the PCR No.20/2022
to police and for having registered FIR in Crime No.143/2022
by Ulsoor Police Station, Bengaluru, for the offence punishable
under Sections 406, 409, 417, 418, 420 and 120B read with
Section 34 of IPC and Section 9 of the Karnataka Protection of
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WP No. 14484 of 2022
Interest of Depositors in Financial Establishment Act 2004
((hereinafter referred to as 'the KPID Act', for short).
2. Heard the learned Senior Counsel Sri. Sham Sundar
appearing for the petitioners and learned counsel for the
respondents as well as learned High Court Government Pleader
for the State.
3. The case of the petitioners is that the respondent
Nos.1 to 128 have filed private compliant before the Spl. Court
under Section 2 (d) read with Section 156(3) of Cr.P.C. The
same is registered as PCR No.20/2022 alleging that the
accused Nos.1 to 7 in the complaint and various other accused
being the officials of accused No.1, the company called Ozone
Urbana Infra Developers Pvt. LTD., and they were looking after
the day-to-day managements of the company. The accused
Nos.2 to 7 are Directors of the company and they are being
channel partners, the banking/housing finance companies,
namely, 1) Indiabulls Housing Development Finance Ltd. 2)
Housing Development Finance Corporation Ltd. 3) Piramal
Capital & Housing Finance Limited and (4) Bank of Baroda,
arrayed as accused Nos.8 to 11 and various bank officials who
have jointly for illegal gains with dishonesty and have caused
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huge financial loss to the complainants to the worth of
Rs.80,00,00,000/- (Rupees Eighty Crore).
4. The accused persons have conspired together,
portrayed a very rosy and lucrative picture fraudulently
promoted a real estate project being developed and
constructed by the accused No.1 in 2014. They have induced
the complainants, who purchased units/flats/apartments in the
real estate project and various predefined schemes like
Subvention Scheme, Buy-Back Scheme, 2X-Scheme etc.,
jointly launched by accused Nos.1 to 7 along with accused
Nos.8 to 11 and projected as being most profitable and
lucrative and being induced by the representations made by the
accused, the innocent complainants booked the units with
accused No.1/company in its real estate project by paying
almost 95% of the initial sale consideration amount within 30
to 45 days by signing of the Builder Buyers Agreement.
5. The accuse Nos.1 to 7 they are leading market
player in the real estate industry providing possession of the
project construction materials etc., they represented by the
homebuyers, they have tie-ups with various Banks and
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Financial Housing Companies and willing to grant home loans
by accused No.8 to 11. They jointly and severally represented
and given payment options through pre-EMI/EMI.
6. The bank officials colluded accused Nos.1 to 7 and
they approved the home loans. The accused persons together
demonstrated that all the prospective purchasers such as the
complainant at one place together and they assured that all the
allottees will be granted sites and obtained the loan
applications from the complainants with all bank details and the
bankers were approved the loans. The entire loan amounts
were taken by accused Nos.1 to 7 in name of purchasing the
plots and they said it is a real estate project. By believing
assurance given by the accused persons, the complainants
have booked sites/plots on various dates. They allotted the
following units/plots and they entered into agreement with the
complainants/allottes, the accused No.1 and the Banks/Housing
Finance Companies. After taking advance payments, the
accused Nos.1 to 7 started showing their true colours and they
continuously default in process of construction and held up the
hard earned money of the complainants.
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7. It is further alleged in order to finance the sale of
the purchased flats, the complainants had taken home loans
from the banks/Housing Finance Companies as part of pre-
condition of various schemes signing and executing a Tri-Partite
Agreement (the 3 parties to the said Agreement were the
Company, the Complainant/allottee and the Bank/Housing
Finance Company). The amount of loan was directly disbursed
to accused No.1 for the purchase of the units and the accused
have promised that within three years from the date of signing
of the Construction Agreement, they allot the sites/flats. The
complaints have invested huge money individually for purchase
of units/plots on various schemes.
8. It is further alleged that as per the contracted
Subvention scheme, the accused No.1 was obligated and
mandated to make payment of pre-EMI/EMI till the date of
possession of the unit or exercise of the buy-back option by the
complainants. However, the accused Nos.1 to 4 are drastically
failed to honour their various bounden commitments/promises
and assurances including their obligations under the Subvention
scheme, 2X option, Buy-Back option, etc., there has been no
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WP No. 14484 of 2022
construction at the site projects, the project is strucked and
delayed for more than four years.
9. The accused Nos.1 to 7 are harassing the home
buyers/complainants through calls, legal notices and threat of
initiating civil and criminal proceedings.
10. The National Housing Board and the Reserve Bank
of India are the regulatory authorities for housing loan and
financial institutions. The Accused Nos.1 to 7 collusion with the
accused Nos.8 to 11 have committed fraud, cheating, extortion,
criminal breach of trust for getting illegal gains. The accused
were cheated the complainants at the time of commencement
of the real estate project under RERA Act and they have
violated of the RERA Act and as per the knowledge of the
complainants the accused Nos.1 to 7 have never deposited or
maintained 70% of the deposited amounts into the Escrow
account, specifically opened for this purpose of RERA. Despite
receiving 95% of the sale consideration, the accused have
fraudulently and failed to hand over the possession.
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11. It is further alleged that the accused Nos.1 to 4 and
other accused employed this Ponzi scheme fraud by alluring the
complainants/allottees with high return. The accused persons
siphoned off the deposits and took money from the bank that
belonged for the construction of this project to pay off or invest
in the other projects/sister concerns. The accused proposed
scheme or buyback with assured returns but failed to fulfill the
promise.
12. It is further alleged that the accused Nos.1 to 7
have pressurized and coerced the complainants who have
exercised or wish to exercise their buy-back option as per the
agreement to execute the supplementary or role over the
agreement to provide the consent to the accused-builders to
retain their hard earned money into the project and after
exercising buy-back option the accused shall cancel the unit
allotted, pay the agreed amount to the allottees within 45 days.
The allottees have not surrendered to the project and the
allottees are left the mercy of the accused-builder and have
nothing in their hands, their units have been cancelled and
resold but no payments were made. The accused persons have
intentionally made default due to which allottees are suffering.
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The allottees were goes to file writ petition before the High
Court against the Banks and obtained the interim order in Writ
Petition No.18713/2021. The accused Nos.1 to 7 committed
criminal breach of trust and violated the rules of the Central
Government and RBI.
13. It is further alleged the accused Nos.1 to 7 with
dishonest intention induced the complainants to pay huge
amounts and they conspired to whether to rise loan in the
name of the complainants and received the amount by
themselves and made the allottees to repay the amount in the
name of allotment of plots and they have not disbursed the any
sites, they not returned the money, they defrauded all the
complainants. Hence, they have committed offence punishable
under Sections 406, 409, 417, 418, 420, 120B read with
Section 34 of IPC and Section 9 of KPID Act.
14. The complainants have approached the police and
they have not registered the FIR, they issued the endorsement.
Hence, they filed private complaint before the Special Court.
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15. The Special Court after register the complaint,
referred the complaint to the police under Section 156(3) of
Cr.P.C., which is under challenge.
16. The learned senior counsel appearing for the
petitioners has contended that the agreement between the
petitioner company and the complainants is for purchasing the
plots from the petitioner company and as per the agreement
the plots were to be allotted. The project was started but was
not concluded due to non receipt of occupancy certificate and
sanction plan. The complainants are 128 persons. But, the
complaint is signed by only representatives of the
complainants. The Trial Court referred the complaint to the
police under Section 156(3) of Cr.P.C., where there is a
violation of the judgment of hon'ble Supreme Court in the case
of Priyanka Srivatsava and Another V/s State of Uttar
Pradesh And Others reported in (2015) 6 SCC 287 case
guidelines. The relationship between the petitioner and the
complainants is of owner and purchaser/consumer. They
already raised the complaint before the RERA Court and the
dispute is still pending. They have also filed a complaint before
the National Company Law Tribunal (NCLT), which is also
pending and therefore, the complaint is not maintainable.
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17. The learned senior counsel also contended that the
Trial Court being the Special Court did not properly verify
regarding maintainability of the complaint before the Special
Court. The office also raised objection regarding
maintainability, but, it was ignored. The petitioner company is a
real estate company, where the complainants had agreed to
purchase the plots. Therefore, the petitioner company is not a
financial company as per Section 2(2) of KPID Act. The builders
cannot be permitted to receive any investments. Therefore, the
KPID Act is not applicable and the complaint is not
maintainable. Without properly ascertaining the facts, the Trial
Court referred the complaint to the police, which is not correct.
The competent authority shall file the complaint as per Section
9 of the KPID Act and hence, prayed for quashing the
proceedings.
18. Per contra, learned counsel appearing for the
complainants has contended that the complaint is maintainable.
Accused and the complainants agreed and respondents have
invested the money and as per the options, the complainants
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can take the plots or there is a scheme for buy back
agreement. The accused themselves can take back the plots
and pay the investment to the complainants. It is also
contended that the accused persons are running the company
not only in the name of M/s. Ozon Urbana Infa Developers
Private Ltd., but, also they are running financial intuitions,
which are sister concerns. They are involved in planting finance
on one hand and on the other hand they receive the money in
the name of the developers and yet, they have not completed
the constructions, even though more than 8 years has passed.
Thereby, they have cheated the respondents more than 80
crores. They have not constructed any building, on the other
hand they entered into tripartite agreement with the bankers
accused No.8 to 11 and the complainants. The accused have
directly received the money from the bankers in the name of
the complainants. They have neither repaid the EMI as per their
undertaking nor allotted plots to the complainant and the entire
money has been swallowed by the accused persons in the
name of project. They have not applied for any sanction and
grant for construction. They have done nothing for improving
the lands. Therefore, there is a cognizable case made out for
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having committed the offence by the accused persons. Hence
prayed for dismissing the petition.
19. Having heard the arguments and perused the
records, as per the complaint filed before the Special Court by
the respondents, who are the home buyers from the petitioner
company, the petitioner company entered into a tripartite
agreement with accused Nos.8 to 11 the bankers and the
complainants. As per the agreement, the accused
persons/developers used to construct the plots and allot it to
the respondent/complainant's for making payment. The
accused Nos.8 to 11 being bankers agreed to lend financial
assistance. Accordingly, the loans were raised by the
complainants with accused Nos.8 to 11. The loans were directly
paid to the accused persons even though loans were sanctioned
to the complainants. Apart from that some of the complainant
also paid money to the petitioners as advance consideration for
allotting the plots. It is agreed between the parties mutually in
case the complainants are not able to pay the full amount
within the prescribed time, the accused persons will buy back
the plots by paying the money to the complainants or they shall
repay the loans directly to the banker by way of EMI.
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Admittedly, the accused persons were a developing company
and they are owning land and they started developing the
same. Though, they started putting up construction on the
plots, there were not able to complete the plots due to various
reasons, like not obtaining the sanction plan from the
concerned authority. Though, they are said to have obtained a
plan from the Village Panchayat, it is not the competent
authority. Therefore, the building was not able to complete.
20. It is also admitted fact that in the meanwhile the
respondents have approached the RERA Court and the accused
persons have undertaken to complete the project, but the same
is not completed. Still the more than 50% of the work is
pending. It is also admitted fact that in the meanwhile, against
the accused person a dispute was raised before NCLT,
Bangalore Bench. Where the insolvency proceedings were
initiated and the NCLT initially dismissed petition and later it
was restored by the NCLT. Admittedly, one proceeding is
pending before the NCLT and another before the RERA court in
respect of same cause of action. In the meanwhile the present
complaint came to be filed by 128 complainants before the
Special Court both under the IPC as well KPID Act.
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21. The leaner senior counsel as taken main contention
that KPID is not applicable in view of the Section 2(2) of the
KPID Act, as the petitioner company is not a financial company.
For the conveyance, the defines of Section2(2) read as under:
"Section 2(2): Definitions- In this Act unless the
context otherwise requires,-
(1) "Competent Authority" means the authority
appointed under Section 5;
(2) "Deposit" includes and shall be deemed always to
have included any receipt of money or acceptance of
any valuable commodity by any Financial
Establishment to be returned after a specified period
or otherwise, either in cash or in kind or in the form
of a specified service with or without any benefit in
the form of interest, bonus, profit or in any other
form, but does not include, -
(i) amount raised by way of share capital or by way
of debenture, bond or any other instrument covered
under the guidelines given and regulations made, by
the Security Board of India, established under the
Securities and Exchange Board of India Act, 1992;
(ii) amounts contributed as capital by partners of a
firm;
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(iii) amounts received from a scheduled bank or a
co-operative bank or any other banking company as
defined in clause (c) of section 5 of the Banking
Regulation Act, 1949 (Central Act 15 of 1992) :
(iv) any amount received from,-
(a) the Industrial Development Bank of India,
(b) a State Financial Corporation,
(c) any financial institution specified in or under
section 4A of the Companies Act, 1956 (Central Act 1
of 1956) or
(d) any other institution that may be specified by the
Government in this behalf:
(V) amounts received in the ordinary course of
business by way of,-
(a) security deposit,
(b) dealership deposit,
(c)earnest money,
(d) advanced against order for goods or services;
(Vi) any amount received from an individual or a firm
or an association of individuals, registered under any
enactment relating to money lending which is for the
time being in force in the State: and
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(vii) any amount received by way of subscriptions in
respect of a Chit.
Explanation I.- "Chit" has the meaning as assigned to
it in clause (b) of section 2 of the Chit Funds Act,
1982 (Central Act 40 of 1982);
Explanation II.- Any credit given by a seller to a
buyer on the sale of any property(whether movable
or immovable) shall not be deemed to be deposit for
the purposes of this clause,"
22. On careful reading of the provisions Sub-Section 2
(v) (d) and (vi) of the Act, which reveals that any amount
received from individual relating to the money lending which is
time being in force and any advance amount received against
the goods or services, the KPID will attract. Here in this case,
the accused persons being a firm and a company under the
development projects, received more than 80 crores from the
companies from making them as a purchaser and they made
contract / agreement with the banking company and showing
the complainants as borrowers of the loan. The amount has
been received by the company and tri-partite agreement and
the said amount repayable by the borrowers if the plots were
given to them or else there is a buy back condition that plots
shall be taken by the petitioner company and EMI shall be paid
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to the banker directly. But though they have received 80 crores
on loan entered into between the bankers respondents and the
petitioners, but they have neither given the services or plots to
the respondents as per Section 2 (v) (d) of KPID Act. It is
seems to be a bogus transactions in the name of giving plots
but they have not constructed the building. They have not
putting the sanction plots for the purpose of putting up
construction but they nobalized the money from the
respondents and used the same in the other finance companies
run by the petitioners company as sister concerns. Therefore,
the KPID Act, is applicable to the case on hand.
23. The learned Senior Counsel for the petitioners
contended that there is violation of guideline issued by the
Hon'ble Supreme Court in Priyanka Srivatsava's case and
affidavit was not filed.
24. In this regard, on perusal of the records, the
respondents have represented by the authorized signatory of
07 persons who are signed the complaint. The respondents
have not filed any affidavit in respect of filing the complaint to
the police. Admittedly, there is no complaint filed to the official
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of the police under Section 154 (3) of Cr.P.C. But the private
complaint directly filed without complying the part of the
guidelines of the Hon'ble Supreme Court. Of course, the Trial
Court has not taken cognizance and just referred the case to
the police for investigation under Section 156 (3) of Cr.P.C.
Therefore, without compliance the very reference itself is not in
accordance with law.
25. That apart the learned Senior Counsel for the
petitioners also brought the notice of the Court that as per the
notification of the High Court the cases triable by the Special
Court under the KPID Act.
26. In this regard, the High Court has designated a
Separate Court for trying the offences under the KPID Act. As
per the notification, the Registrar of the City Civil Court dated
09.07.2021, the 91st Additional City Civil Sessions Judge (CCH-
92), is designated Court by withdrawing the cases from CCH-1,
CCH-4, CCH-34 and CCH-47 and CCH-48. The very order
passed by the Registrar of the City Civil Court as per the order
passed by the Prl. District and Sessions Judge, at Bengaluru
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CCH-1. Such being the very Prl. District and Sessions Judge,
Bengaluru CCH-1 ought not have received the complaint on
06.04.2022. Even though the learned Sessions Court do not
have jurisdiction to refer the matter to the police as already
there is Special Court is constituted by the High Court.
27. Therefore, the very filing of the complaint before
the Prl. District and Sessions Judge, at Bengaluru is not correct.
The learned Prl. District and Sessions Judge, at Bengaluru could
have forward the complaint to the designated Court and
without doing so, by ignoring the its own order and notification
dated 09.07.2021 referring the compliant to the police station,
is not correct. That part there is no application of mind by the
learned Sessions Judge, while referring the matter to the police
and not verified the affidavit and guidelines of the Hon'ble
Supreme Court issued in the case of Priyanka Srivatsava.
Therefore, the very reference of the complaint and the
registering the FIR is liable to be set-aside.
28. Apart from that though the respondents have
already approached RERA Court and NCLT, that is a not ground
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for quashing the case on merits. The FIR shall be set-aside only
on the technical grounds and the complaint is entertainable by
the Special Court under the KPID Act. Accordingly, this Court
may not be go into the merits of the case. Hence, I proceed to
pass the following;
ORDER
i. The petition is allowed in part. ii. The reference order dated 26.05.2022 in PCR.No.20/2022 and consequential registering the FIR by the police in Crime No.143/2022 dated 17.07.2022 is hereby set-aside. The FIR and the reference order is quashed.
iii. The complaint is restored to the Prl. City Civil and Sessions Judge, Bengaluru and Special Court for KPIDEF Act, at Bangaluru (CCH-1) with a direction to transfer the complaint to the CCH-92 Special Court.
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NC: 2024:KHC:32240 WP No. 14484 of 2022 iv. The complainants have liberty to approach the police higher authorities as per the provisions of 156 (3) of Cr.P.C. (Old Code). Thereafter they have required to file detailed affidavit as per the guidelines issued by the Hon'ble Supreme Court in the case of Priyanka Srivatsava. v. After the compliance by the complainants and if they file affidavits before the Special Court, the Special Court shall proceed in accordance with law.
Sd/-
(K.NATARAJAN) JUDGE SDU/NJ/KJJ CT'SI List No.: 19 Sl No.: 1