Karnataka High Court
Ms Seethalakshmi Kartha vs National Housing Board on 25 April, 2026
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NC: 2026:KHC:23307
WP No. 6152 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 6152 OF 2022 (GM-DRT)
BETWEEN:
1. MS SEETHALAKSHMI KARTHA
AGE 52 D/O T P PADMANABHAN KARTH
R/O B -5, 114 DLF WESTEND HEIGHTS
AKSHAYMANAGAR, BEGUR MAIN ROAD
BENGALURU -560068
2. MR RAJEEV P B
AGE 46, S/O P B NAIR
R/O IS, SUDHAMA RESIDENCY NO 04
MAIN INDIRANAGAR
BENGALURU - 560038
Digitally 3. MR ANILKUMAR C
signed by AGE 43, S/O MR. LATE D CHIKKANNA
SUNITHA K S
R/O SAI SRI FORTUNE HOMES
Location:
HIGH COURT NO 203, A BLOCK
OF MALLAPPA LAYOUT, BABUSAPALYA
KARNATAKA BANGALORE 560043
4. DR. VENKATESH H K
AGE 58 S/O KANAKA KESHAVA H S
R/O NO -81 GREEN CITY EUTOPIA
16TH MAIN, BTM 2ND STAGE
BENGALURU - 560076
5. DR. JAYALAXMI KINI
AGE 62 YEARS
D/O NARASIMHA KINI
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R/O NO A-801, GREEN CITY EUTOPIA,
16TH MAIN
BTM 2ND STAGE
BENGALURU - 560076
6. MR VIJAYA KUPPAHALLI NAGARAJA
AGE 47, S/O K R NAGARAJA
R/O NO 03, HEMAGIRI SBM COLONY
BSK 1ST STAGE
BANGALORE - 560050
7. MRS SMITHA BANGALORE KESHAVAIAH
AGE 42, D/O LASKSHMI KESHAVAIAH
R/O NO 03, HEMAGIRI SBM COLONY
BSK 1ST STAGE
BANGALORE - 560050
...PETITIONERS
(BY SRI. RAJESH P., ADVOCATE)
AND:
1. NATIONAL HOUSING BOARD
THROUGH ITS MANAGING DIRECTOR
ADDRESS CORE 5A
INDIAN HABITAT CENTER
LODHI ROAD
NEW DELHI - 110003
2. RESERVE BANK OF INDIA
THROUGH ITS GOVERNOR
ADDRESS 6, SANSAD MARG
NEW DELHI-110001
3. UNION OF INDIA
THROUGH SECRETARY MINISTRY OF FINANCE
ADDRESS: RAJPATH MARG E BLOCK
CENTRAL SECRETARIAT
NEW DELHI - 110011
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4. M/S TRANS UNION CIBIL LIMITED
FORMERLY CREDIT INFORMATION BUREAU
INDIA LIMITED, ONE WORLD CENTER
19TH FLOOR
TOWER 2A AND 2B
SENAPATI BAPAT MARG, LOWER PAREL
MUMBAI - 400013
5. PNB HOUSING FINANCE LTD
THROUGH ITS MANAGING DIRECTOR
OFFICE AT 9TH FLOOR
ANTRIKSH BHAVAN 22,
KASTURBHA GANDHI MARG
NEW DELHI - 110001
6. M/S HOUSING DEVELOPMENT FINANCE
CORPORATION LILMITED
THROUGH ITS MANAGING DIRECTOR HEAD OFFICE
RAMON HOUSE, H T PAREKH MARG
169-BACKBAY RECLAMATION
CHURCH GATE, MUMBAI - 400020
ALSO AT
HOUSE NO 51, KASTURBA ROAD
BANGALORE
7. M/S ADITYA BIRLA HOUSING FINANCE LIMITED
R-TECH PARK, 12TH FLOOR, NIRLON COMPLEX
OFF WESTERN EXPRESS
HIGHWAY GOREGAON
EAST MUMBAI - 400063
8. M/S AXIS BANK
REGISTERED OFFICE AT TRISHUL
3RD FLOOR, OPPOSITE SAMARTHESHWAR TEMPLE
LAW GARDEN ELLIS BRIDGE
AHMEDABAD 380006
GUJARAT
9. M/S ICICI BANK LTD
215 FREE PRESS HOUSE
FREE PRESS MARG
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NARIMAN POINT
MUMBAI - 400021
10. M/S PRISHA PROPERTIES INDIA PVT LTD
THROUGH ITS MANAGING DIRECTOR
REGISTERED OFFICE AT 1ST FLOOR
VIKAS TOWERS
CASTLE STREET, ASHOK NAGAR
BANGALORE - 560025
11. MR RAVISHANKAR PACNHAKSHARAIAH
S/O SHRI PANCHANKSHARAIAH MADVEEREGOWDA
HEGGERE
DIRECTOR, M/S PRISHA PROPERTIES INDIA PVT.
LTD. R/O 49, 1ST FLOOR
20-A CROSS, NEAR COFFEE BOARD
LAYOUT PARK BHUVANESHWARI NAGAR
H A FARM
BANGALORE
KARNATAKA - 560024
12. MR. SATISH SAMBAMURTHY KANUKOLANU
S/O SHRI KANUKOLANU NARASIMHAMURTHY
DIRECTOR, M/S PRISHA PROPERTIES INDIA PVT
LTD
R/O 3-6-110/A/B, NEAR ANDHRA BANK ATM
HIMAYATH NAGAR
HYDERABAD, TELANGANA - 500029
...RESPONDENTS
(BY SRI. RAJASHEKAR S., ADVOCATE FOR R1
SRI. VINAYGIRI, ADVOCATE FOR R2
SRI. H. SHANTI BHUSHAN, DSGI FOR R3
SRI. PINAZ MEHTA, ADVOCATE FOR R4
SRI. JAI M. PATIL, ADVOCATE FOR R6, R8 & R9
SRI. K.V. LOKESH, ADVOCATE FOR R7
R5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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DIRECT RESPONDENT BANK TO CEASE AND DESIST FROM
RECOVERING PRE-EMI AND EMI PAYMENTS FROM THE
PETITIONERS AGAINST THE FUNDS DISBURSED BY THEM TO
THE RESPONDENT DEVELOPER, UNTIL THE RESPONDENT
DEVELOPER HONORS THE BUYBACK AGREEMENT IN FULL.
DIRECT THE RESPONDENT BANK TO REFUND THE PRE-EMIs
AND EMIs PAID BY THE PETITIONERS TO THE PETITIONERS
AND RECOVER THE SAME FROM THE RESPONDENT
DEVELOPER. DIRECT THE RESPONDENT BANK AND R-4 TO
CORRECT THE CIBIL SCORE OF THE PETITIONERS. DIRECT
THE RESPONDENT BANK TO NOT TO TAKE ANY COERCIVE
ACTION AGAINST THE PETITIONER UNDER SARFAESI ACT,
2002 AND NI ACT, 1881 OR OTHER SUCH ACTS. DIRECT THE
RBI AND NHB TO INQUIRE OR APPOINT A COMMITTEE TO
INQUIRE THE CONNIVANCE OF RESPONDENT BANK WITH
RESPONDENT DEVELOPER IN RELATION TO DISBURSEMENT OF
LOAN AMOUNT WITHOUT VERIFYING THE CONSTRUCTION
WORK OR DUE DILIGENCE OF THE RESPONDENT DEVELOPER.
DIRECT THE RBI AND NHB TO INSTRUCT ALL THE BANKS /
FINANCIAL INSTITUTION / NON-BANKING FINANCIAL
COMPANIES TO RESTRUCTURE ALL LOAN ACCOUNTS AVAILED
BY THE PETITIONER ON ITS PROJECTS TO PROTECT THE
INTEREST OF HOME BUYERS. DIRECTION AGAINST
RESPONDENT BANK FOR VIOLATING THE RULES AND
REGULATIONS LAID DOWN BY THE R-1 AND 2 AS REGULATOR
FOR THE BANKING SECTOR.PASS A RESTRAINING ORDER TO
ANY PERSON WHO WAS A DIRECTOR OR MANAGING
DIRECTOR OR PROMOTERS OF THE RESPONDENT DEVELOPER /
BUILDER, SINCE THE LAUNCHING OF THE PROJECT AS WELL
AS THE PRESENT DIRECTORS OR MANAGING DIRECTOR OR
PROMOTERS SHALL NOT LEAVE THE COUNTRY WITHOUT
PRIOR PERMISSION OF THIS HON'BLE COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
Learned counsel appearing for the petitioners submits that they have settled the dispute amicably. Hence, nothing survives for consideration in the writ petition
2. Submission is placed on record.
3. Accordingly, the writ petition is dismissed as infructuous.
4. Pending interlocutory applications, if any, stands disposed of accordingly.
Sd/-
(LALITHA KANNEGANTI) JUDGE SKS