Karnataka High Court
Unicca Emporis Pvt Ltd vs Mr. Saurabh Kumar Tayal on 12 March, 2025
-1-
NC: 2025:KHC:10537-DB
RERA.A No. 2 of 2023
C/W RERA.A No. 3 of 2023
RERA.A No. 4 of 2023
AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE T.M.NADAF
RERA APPEAL NO.2 OF 2023
C/W
RERA APPEAL NO.3 OF 2023
RERA APPEAL NO.4 OF 2023
RERA APPEAL NO.5 OF 2023
RERA APPEAL NO.6 OF 2023
IN RERA APPEAL No.2/2023
BETWEEN:
UNICCA EMPORIS PVT. LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR
SANJAY KUMAR CHOUDHARY
Digitally signed HAVING OFFICE AT SY NO.55/P-23,
by THANISANDRA MAIN ROAD,
MADHUSHREE
H BELLAHALLI CROSS
Location: High BANGALORE - 560 064
Court of ...APPELLANT
Karnataka
(BY SRI. NISHANTH A V, ADVOCATE)
AND:
1. MR. SAURABH KUMAR TAYAL
NO.19, 6TH FLOOR,
PANKAJ MAHAL
JTS MALANI MARG CHURCH GATE
OPPOSITE K C COLLEGE
MAHARASHTRA - 400 020
-2-
NC: 2025:KHC:10537-DB
RERA.A No. 2 of 2023
C/W RERA.A No. 3 of 2023
RERA.A No. 4 of 2023
AND 2 OTHERS
2. THE KARNATAKA REAL
ESTATE REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK
UNITY BUILDING,
CSI COMPOUND 3RD CROSS
MISSION ROAD
BANGALORE - 560 027
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI. PRASHANTH M V, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 58 OF THE REAL
ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
PRAYING TO a) SET ASIDE THE ORDER DATED 15.06.2022
PASSED BY THE KARNATAKA REAL ESTATE APPELLATE
TRIBUNAL, BENGALORE IN APPEAL BEARING F.R.NO.(K-REAT):
25/2022; AND b) CONSEQUENTLY SET ASIDE THE COMMON
ORDER DATED 14.02.2019 IN COMPLAINT NO.CMP/180725
/0001078 AND OTHER COMPLAINTS PASSED BY THE
ADJUDICATING OFFICER, RERA; . AWARD COST OF THIS
APPEAL; c) AWARD COST OF THIS APPEAL.
IN RERA APPEAL NO.3/2023
BETWEEN:
UNICCA EMPORIS PVT. LTD.,
REPRESENTED BY ITS
MANAGING DIRECTOR
SANJAY KUMAR CHOUDHARY
HAVING OFFICE AT SY. NO.55/P-23
THANISANDRA MAIN ROAD
BELLAHALLI CROSS
BANGALORE - 560 064
...APPELLANT
(BY SRI. NISHANTH A V, ADVOCATE)
-3-
NC: 2025:KHC:10537-DB
RERA.A No. 2 of 2023
C/W RERA.A No. 3 of 2023
RERA.A No. 4 of 2023
AND 2 OTHERS
AND:
1. SRI. PUSHPENDRA PRATHAP SINGH
NO.19, 6TH FLOOR, PANKAJ MAHAL, JTS
MALANI MARG, CHURCH GATE
OPPOSITE KC COLLEGE
MAHARASHTRA - 400 020
2. THE KARNATAKA REAL ESTATE REGULATORY
AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK,
UNITY BUILING, CSI COMPOUND
3RD CROSS, MISSION ROAD
BANGALORE - 560 027
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI. PRASHANTH M V, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 58 OF THE
REAL ESTATE (REGULATION AND DEVELOPMENT) ACT,
2016 PRAYING TO a) SET ASIDE THE ORDER DATED
30/03/2022 PASSED BY THE KARNATAKA REAL ESTATE
APPELLATE TRIBUNAL, BANGALORE IN APPEAL BEARING
F.R.NO.(K-REAT); 24/2022; AND CONSEQUENTLY b) SET
ASIDE THE COMMON ORDER DATED 14.02.2019 IN
COMPLAINT NO.CMP/180726/0001083 AND OTHER
COMPLAINTS PASSED BY THE ADJUDICATING OFFICER,
RERA; c) AWARD COST OF THIS APPEAL.
IN RERA APPEAL NO.4/2023
BETWEEN:
UNICCA EMPORIS PVT. LTD.,
REPRESENTED BY ITS
MANAGING DIRECTOR
SANJAY KUMAR CHOUDHARY
HAVING OFFICE AT SY NO.55/P-23
THANISANDRA MAIN ROAD
-4-
NC: 2025:KHC:10537-DB
RERA.A No. 2 of 2023
C/W RERA.A No. 3 of 2023
RERA.A No. 4 of 2023
AND 2 OTHERS
BELLAHALLI CROSS
BANGALORE - 560 064.
...APPELLANT
(BY SRI. NISHANTH A V, ADVOCATE)
AND:
1. VANDANA TAYAL
NO.19, 6TH FLOOR
PANKAJ MAHAL, JTS
MALANI MARG CHURCH GATE
OPPOSITE KC COLLEGE
MAHARASHTRA - 400 020.
2. THE KARNATAKA REAL
ESTATE REGULATORY AUTHORITY
2ND FLOOR SILVER JUBILEE BLOCK
UNITY BUILDING, CSI COMPOUND
3RD CROSS, MISSION ROAD,
BANGALORE - 560 027
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI. PRASHANTH M V, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 58 OF THE
REAL ESTATE (REGULATION AND DEVELOPMENT) ACT,
2016 PRAYING TO a) SET ASIDE THE ORDER DATED
30.03.2022 PASSED BY THE KARNATAKA REAL ESTATE
APPELLATE TRIBUNAL, BANGALORE IN APPEAL BEARING
F.R.NO.(K-REAT): 29/2022; AND CONSEQUENTLY b) SET
ASIDE THE COMMON ORDER DATED 14/02/2019 IN
COMPLAINT NO.CMP/180726/0001082 AND OTHER
COMPLAINTS PASSED BY THE ADJUDICATING OFFICER,
RERA; c) AWARD COST OF THIS APPEAL.
IN RERA APPEAL NO.5/2023
BETWEEN:
UNICCA EMPORIS PVT. LTD.,
REPRESENTED BY ITS
MANAGING DIRECTOR
-5-
NC: 2025:KHC:10537-DB
RERA.A No. 2 of 2023
C/W RERA.A No. 3 of 2023
RERA.A No. 4 of 2023
AND 2 OTHERS
SANJAY KUMAR CHOUDHARY
HAVING OFFICE AT SY NO.55/P-23
THANISANDRA MAIN ROAD
BELLAHALLI CROSS
BANGALORE - 560 064.
...APPELLANT
(BY SRI. NISHANTH A V, ADVOCATE)
AND:
1. NAVIN KUMAR TAYAL
NO.19, 6TH FLOOR
PANKAJ MAHAL, JTS
MALANI MARG CHURCH GATE
OPPOSITE KC COLLEGE
MAHARASHTRA - 400 020.
2. THE KARNATAKA REAL
ESTATE REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK
UNITY BUILDING, CSI COMPOUND
3RD CROSS, MISSION ROAD
BANGALORE - 560 027
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI. PRASHANTH M V, ADVOCATE)
THIS APPEAL IS UNDER SECTION 58 OF THE REAL
ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
PRAYING TO SET ASIDE THE ORDER DATED 30.03.2022
PASSED BY THE KARNATAKA REAL ESTATE APPELLATE
TRIBUNAL, BANGALORE IN APPEAL BEARING F.R.NO.(K-
REAT); 27/2022; AND CONSEQUENTLY b) SET ASIDE THE
COMMON ORDER DATED 14.02.2019 IN COMPLAINT
NO.CMP/180725/0001074 AND OTHER COMPLAINTS
PASSED BY THE ADJUDICATING OFFICER, RERA; c) AWARD
COST OF THIS APPEAL.
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NC: 2025:KHC:10537-DB
RERA.A No. 2 of 2023
C/W RERA.A No. 3 of 2023
RERA.A No. 4 of 2023
AND 2 OTHERS
IN RERA APPEAL NO.6/2023
BETWEEN:
UNICCA EMPORIS PVT. LTD.,
REPRESENTED BY ITS
MANAGING DIRECTOR
SANJAY KUMAR CHOUDHARY
HAVING OFFICE AT SY NO.55/P-23
THANISANDRA MAIN ROAD
BELLAHALLI CROSS
BANGALORE - 560 064.
...APPELLANT
(BY SRI. NISHANTH A V, ADVOCATE)
AND:
1. PRAVIN KUMAR TAYAL
NO.19, 6TH FLOOR
PANKAJ MAHAL, JTS
MALANI MARG CHURCH GATE
OPPOSITE KC COLLEGE
MAHARASHTRA - 400 020.
2. THE KARNATAKA REAL
ESTATE REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK
UNITY BUILDING, CSI COMPOUND
3RD CROSS, MISSION ROAD
BANGALORE - 560 027
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI. PRASHANTH M V, ADVOCATE)
THIS APPEAL IS FILED UNDER SECTION 58 OF THE
REAL ESTATE (REGULATION AND DEVELOPMENT) ACT,
2016 PRAYING TO SET ASIDE THE ORDER DATED
30.03.2022 PASSED BY THE KARNATAKA REAL ESTATE
APPELLATE TRIBUNAL, BANGALORE IN APPEAL BEARING
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NC: 2025:KHC:10537-DB
RERA.A No. 2 of 2023
C/W RERA.A No. 3 of 2023
RERA.A No. 4 of 2023
AND 2 OTHERS
F.R.NO.(K-REAT): 34/2022; AND CONSEQUENTLY b) SET
ASIDE THE COMMON ORDER DATED 14.02.2019 IN
COMPLAINT NO.CMP/180725/0001072 AND OTHER
COMPLAINTS PASSED BY THE ADJUDICATING OFFICER,
RERA; b) AWARD COST OF THIS APPEAL.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The learned counsel for the appellant, has filed a memo which reads as under. He reiterates the prayer for withdrawing the appeals:
"The Appellant most humbly prays that this Hon'ble Court may be pleased to permit the Appellant to withdraw the above appeal with liberty to take appropriate recourse in accordance with law. The undersigned has received instructions from the appellant to withdraw the appeal.
Wherefore, the above memo may be taken on record by reserving the liberty as sought for, in the interest of justice and equity."-8-
NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS
2. In view of the memo, the appeals are dismissed as withdrawn.
Sd/-
(V KAMESWAR RAO) JUDGE Sd/-
(T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 18