Karnataka High Court
Aryan Golden Arena Buyers Welfare ... vs Reserve Bank Of India on 12 August, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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WP No. 17255 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 17255 OF 2022 (GM-RES)
BETWEEN:
ARYAN GOLDEN ARENA BUYERS WELFARE ASSOCIATION
RERPESENTED BY ITS PRESIDENT
HAKIMUDDIN TAHERI
S/O BABU FIDAHUSSAIN DHARWALA
AGED ABOUT 49 YEARS
FLAT NO.F-601, NO. 363, 11TH CROSS
17TH MAIN, J P NAGAR, BANGALORE-560 078.
...PETITIONER
(BY SRI. RAVISHANKAR A., ADVOCATE FOR
SRI. AVINASH., ADVOCATE)
AND:
1. RESERVE BANK OF INDIA
HEAD OFFICE FORT MUMBAI-400 001
REPRESENTED BY ITS GOVERNOR.
Digitally 2. STATE OF KARNATAKA
signed by REPRESENTED BY ITS SECRETARY
SUMA B N
REVENUE DEPARTMENT
Location:
High Court of BENGALURU-560 001.
Karnataka
3. THE CIRCLE INSPECTOR OF POLICE
BANNERGHATTA POLICE STATION
BANNERGHATTA
BENGALURU-560 083.
4. REAL ESTATE REGULATORY AUTHORITY(RERA)
REPRESENTED BY ITS SECRETARY
SILVER JUBILLEE BLOCK
3RD CROSS RD
SAMPANGI RAMA NAGARA
BENGALURU, KARNATAKA-560 002.
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5. ANEKAL DEVELOPMENT AUTHORITY
REPRESENTED BY ITS SECRETARY
ANEKAL-562 106.
6. M/s. ARYAN HOMETEC PVT LTD.,
NO.617, 15TH CROSS
100 FT RING ROAD
ABOVE PLUM AND SUGAR SALOON
2ND FLOOR, DOLLARS COLONY
J P NAGAR, 6TH PHASE
BANGALORE-560078
REPRESENTED BY ITS MANAGING DIRECTOR.
7. M/s.SQUARE YARDS
EMBASSY SQUARE 150
GROUND FLOOR, INFANTRY ROAD
VASANTH NAGAR
HALASURU, BENGALURU-560001
REPRESENTED BY ITS FOUNDERS TANUJ SHORI
MAJOR AND VIVEK AGARWAL, MAJOR.
8. B G ANJANAPPA
S/O LATE B H GUNDA REDDY
AGED ABOUT 57 YEARS
9. KUMARI SRIPRIYA
D/O B G ANJANAPPA
AGED ABOUT 27 YEARS
10. MASTER VINEETH
S/O B G ANJANAPPA
AGED ABOUT 25 YEARS
11. SMT HEMALATHA
W/O B G ANJANAPPA
AGED ABOUT 50 YEARS
12. B G KRISHNAREDDY
S/O B G GUNDA REDDY
AGED ABOUT 66 YEARS
13. SMT SUSHEELAMMA
W/O B G KRISHNAREDDY
AGED ABOUT 58 YEARS
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14. B K NAGESH
S/O B G KRISHNAREDDY
AGED ABOUT 36 YEARS
15. SMT CHANDRAKALA
W/O B K NAGESH
AGED ABOUT 31 YEARS
16. B N REESHAN REDDY
S/O B K NAGESH
AGED ABOUT 9 YEARS
SINCE MINOR REPRESENTED BY HIS GUARDIAN AND
FATHER B K NAGESH
17. NAVEEN KUMAR
S/O B G KRISHNA REDDY
AGED ABOUT 34 YEARS
RESPONDENTS NO.8 TO 17 ARE
R/O BIDARAGUPPE VILLAGE
ATTIBELE HOBLI, ANEKAL TALUK
BENGALURU URBAN DISTRICT - 562 106.
18. PIRAMAL CAPITAL HOUSING FINANCE(DHFL)
13, IST CROSS, MV JAYARAM RD
VASANTH NAGAR
KODAVA SAMAJA BUILDING
BENGALURU, KARNATAKA-560 052
REPRESENTED BY ITS MANAGER.
19. INDIABULLS
RICHMOND ROAD
1ST FLOOR, BIKANER PINNACLE
RHENIUS STREET, RICHMOND ROAD
BANGALORE-560025
REPRESENTED BY ITS MANAGER.
20. PIRAMAL CAPITAL HOUSING FINANCE(DHFL)
REGISTERED OFFICE S NO.208/1-B, 5TH FLOOR
BAJAJ FINSERV CORPORATE OFFICE
OFF PUNE, AHMEDNAGAR ROAD
VIMAN NAGAR, PUNE-411014
MAHARASHTRA, REPRESENTED BY ITS MANAGER.
21. AXIS BANK
COX TOWN, NO.6, GROUND FLOOR
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PRESTIGE LIONS GATE, MOSQUE ROAD
BENGALURU, KARNATAKA-560 005
REPRESENTED BY ITS MANAGER.
22. HFFC/HOME FIRST FINANCE COMPANY
35/29, 11TH MAIN, 5TH BLOCK
JAYANAGAR, OPP TO MILAN HOSPITAL
JP NAGAR ROAD, BENGALURU-560041
REPRESENTED BY ITS MANAGER.
23. INDIAN BULLS HOME LOANS
IBHL, PLOT 87, 6 RICHMOND RD
SHANTHALA NAGAR, RICHMOND TOWN
BANGALORE-560025
REPRESENTED BY ITS MANAGER.
24. PNB HOUSING FINANCE LTD.,
No. 56, SAI ARCADE, 3RD FLOOR
MARATHAHALLI RING ROAD
DEVARABISANAHALLI
BANGALORE-560 103
REPRESENTED BY ITS MANAGER.
25. HDFC BANK
SATHYA SADAN, 17/1, SARJAPUR-
MARATHAHALLI RD, BELLANDUR
BENGALURU, KARNATAKA-560102
REPRESENTED BY ITS MANAGER.
26. PIRAMAL CAPITAL HOUSING FINANCE(DHFL)
82, IST FLOOR, ABOVE IDBI BANK
DR RAJKUMAR ROAD
BANGALORE-560010
REPRESENTED BY ITS MANAGER.
27. PIRAMAL CAPITAL HOUSING FINANCE (DHFL)
719/A, 53-2, 46TH CROSS, 2ND FLOOR
JK TOWER, SANGAM CIRCLE
JAYANAGAR 8TH BLOCK
BANGALORE-560082
REPRESENTED BY ITS MANAGER.
28. YES BANK
PLOT 27, 80 FT RD, 2ND FLOOR
INDIRANAGAR,
NEW THIPPASANDRA HAL 3RD STAGE
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BANGALORE-560075.
REPRESENTED BY ITS MANAGER.
29. YES BANK LTD.,
BANGALORE REGIONAL OFFICE
MUNICIPAL
GROUND FLOOR, 3, KASTURBA ROAD
BENGALURU, KARNATAKA-560001
REPRESENTED BY ITS MANAGER.
30. INDIA BULLS
76-77, SAJJA ENCLAVE
CHINNAPPANAHALLI
MARATHAHALLI, OUTER RING ROAD
BANGALORE-560 037
REPRESENTED BY ITS MANAGER.
31. SUNDARAM BNP PARIBAS HOME FINANCE LTD.,
SECOND FLOOR, RAM PRABHA TOWERS,
(OPP TO DHANAM STORES),
42/1, SHANTHI NAGAR
DENKANIKOTTA MAIN ROAD
HOSUR-635 109
REPRESENTED BY ITS MANAGER.
32. RELIANCE HOME FINANCE
39, FFK TOWERS, 2ND FLOOR
TILAK NAGAR, BANNERGHATTA ROAD
BANGALORE-560 041
REPRESENTED BY ITS MANAGER.
33. BAJAJ HOUSING FINANCE LTD.,
PRESTIGE TOWER
506/508, RESIDENCY RD
BANGALORE-560 025
REPRESENTED BY ITS MANAGER.
34. INDIA BULLS HOME LOANS
1ST FLOOR, SAJJA ENCLAVE
RJ GARDEN, CHINNAPPANAHALLI
MARATHAHALLI POST, BANGALORE-560 037
REPRESENTED BY ITS MANAGER.
35. PIRAMAL CAPITAL HOUSING FINANCE(DHFL)
NATIONAL OFFICE, HDIL TOWER, 6TH FLOOR
ANANTH KANEKAR MARG, STATION ROAD
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BANDRA(EAST), MUMBAI-400 051
REPRESENTED BY ITS MANAGER.
36. INDIABULLS
RICHMOND ROAD, IST FLOOR, 128,
10TH CROSS, MARGOSA ROAD
MALLESHWARAM
BANGALORE-560 003
REPRESENTED BY ITS MANAGER.
37. PIRAMAL CAPITAL HOUSING FINANCE(DHFL)
RAJAJINAGAR, 2ND BLOCK
BANGALORE-560 010
REPRESENTED BY ITS MANAGER.
38. PNB HOUSING FINANCE LTD.,
REGD, OFFICE, 9TH FLOOR
ANTRIKSH BHAWAN
22, KASTURBA GANDHI MARG
NEW DELHI-110 001
REPRESENTED BY ITS MANAGER.
39. PIRAMAL/DHFL
1ST FLOOR, CHANDAPURA
ELECTRONIC CITY
BANGALORE-560 081
REPRESENTED BY ITS MANAGER.
40. INDIA BULLS
76-77, SAJJA ENCLAVE
CHINNAPPANAHALLI
MARATHAHALLI, OUTER RING ROAD
BANGALORE-560 037
REPRESENTED BY ITS MANAGER.
41. HOME FIRST FINANCE COMPANY INDA PVT LTD.,
# 511, ACME PLAZA, ANDHERI KURLA ROAD
ANDHERI EAST, MUMBAI-400 059
REPRESENTED BY ITS MANAGER.
42. INDIA INFOLINE HOUSING FINANCE LTD.,
12A-10, 13TH FLOOR, PARINEE CRESCENZO
C-C8 AND C 39, G BLOCK
BEHIND MCA, BANDRA KURLA COMPLEX
BANDRA EAST, MUMBAI-400 051
REPRESENTED BY ITS MANAGER.
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43. YES BANK
REGD. OFF NEHRU CENTRE
9TH FLOOR, DISCOVERY OF INDIA
DR A B ROAD, WORLI, MUMBAI-400018
REPRESENTED BY ITS MANAGER.
44. BAJAJ HOUSING FINANCE LTD.,
PRESTIGE TOWER, 506/508
RESIDENCY ROAD
BANGALORE-560 025
REPRESENTED BY ITS MANAGER.
45. INDIA INFOLINE HOUSING FINANCE LTD.,
12A-10, 13TH FLOOR, PARINEE CRESCENZO
C-38 AND C-39, G BLOCK, BEHING MCA
BANDRA KURLA COMPLEX, BANDRA EAST
MUMBAI-400051, REPRESENTED BY ITS MANAGER.
46. INDIA INFOLINE HOUSING FINANCE LTD.,
SOMA MERIT, #9, GF, VENKATASWAMY NAIDU STREET
TASKAR TOWN, BANGALORE-560 051
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(BY SRI. VARAHAGIRI VINAY GIRI.,ADVOCATE FOR R1;
SRI. RAGHAVENDRA S.H. AGA FOR R2 AND R3;
SRI. MOHAMMED AKHIL NAZEER, ADVOCATE FOR R6;
SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R4;
SRI. M.R. DILIP, ADVOCATE FOR R33 AND R44;
SRI. B.C. AVINASH, ADVOCATE FOR R32;
SMT. SREEDEVI K.B. ADVOCATE FOR
SRI. JAI M. PATIL, ADVOCATE FOR R18, R21, R26, R27, R35, R37, R39;
SRI. FRANCIS XAVIER, ADVOCATE FOR R22, 24 AND 38
SRI. VIKRAM UNNI RAJGOPAL, ADVOCATE FOR R28 AND R29;
SRI. MAHABALESHWAR G.C., ADVOCATE FOR R45;
SRI. B.J. KRISHNA, ADVOCATE FOR R8, R11 TO R17;
SRI. K.V. LOKESH., ADVOCATE FOR PROPOSED R47 ON IA.1/2023 R16 IS
MINOR;
R5, R19, R23, R25, R31, R36, R41 AND R46 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 RESERVE
BANK OF INDIA TO TAKE ACTION AGAINST FINANCIAL
INSTITUTIONS R-18 TO 46 FOR NOT FOLLOWING RBI GUIDELINES
WHILE EXTENDING LOAN FOR HOUSING PROJECT AND ETC.
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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Learned counsel for petitioner on instructions submits petitioner has initiated proceedings under the provisions of The Real Estate (Regulation and Development) Act, 2016 and seeks withdrawal of the petition. However, learned counsel submits the interim order granted by this Court be extended till the disposal of the application before the Real Estate Regulatory Authority (RERA).
2. Learned counsel for respondents has no objection for the same.
3. Submission is taken on record. Petition is dismissed as withdrawn. Interim order granted by this Court is extended till the disposal of the application before RERA.
Sd/-
(M.G.S. KAMAL) JUDGE SBN