Karnataka High Court
Vinod Kumar vs National Housing Bank on 9 October, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:39971
WP No. 11881 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 11881 OF 2025 (GM-RES)
BETWEEN:
VINOD KUMAR
AGED: 44 YEARS
S/O ANANT BAHADUR
C332, PANCHAVATI APT, VIKASPURI,
WEST DELHI, PIN-110018
...PETITIONER
(BY SRI. ABHIJEET SHARMA.,ADVOCATE)
AND:
1. NATIONAL HOUSING BANK
THROUGH ITS MANAGING DIRECTOR
CORE 5-A, INDIA HABITAT CENTRE.
LODHI ROAD, NEW DELHI-110003
2. RESERVE BANK OF INDIA,
Digitally signed (UNDER RBI ACT)
by SHWETHA
RAGHAVENDRA THROUGH ITS GOVERNOR
Location: HIGH 6. SANSAD MARG.
COURT OF NEW DELHI-110001
KARNATAKA
3. UNION OF INDIA
THROUGH SECRETARY, MINISTRY OF FINANCE
RAJPATH MARG, E-BLOCK,
CENTRAL SECRETARIAT
NEW DELHI-110011
4. TRANSUNION CIBIL LIMITED
(UNDER COMPANIES ACT 1956)
FORMERLY CREDIT INFORMATION
BUREAU (INDIA) LIMITED,
THROUGH ITS MANAGING DIRECTOR
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WP No. 11881 of 2025
HC-KAR
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
THROUGH ITS CHAIRMAN
SECOND FLOOR SILVER JUBILEE BLOCK
3RD CROSS ROAD, CSI COMPOUND,
MISSION RD, SAMPANGI RAMA NAGARA,
BENGALURU - 560027
...RESPONDENTS
(BY SRI. DEEPAK BHASKAR., ADVOCATE FOR C/R6-R8;
SRI. SUDEEP V.C., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE PRESENT
PETITION AND ISSUE APPROPRIATE ORDER OR DIRECTION TO THE
RESPONDENT BANK (RESPONDENT NO.5) TO CEASE AND DESIST
FROM RECOVERING EMI PAYMENTS FROM THE PETITIONER AND
ETC.
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WP No. 11881 of 2025
HC-KAR
THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner is before this Court seeking for the following reliefs;
i. Allow the writ petition.
ii. Issue appropriate order or direction to the
Respondent Bank (Respondent No. 5) to cease and desist from recovering EMI payments from the petitioner.
iii. Direct the Respondent No. 6, 7 & 8 Developers to pay Pre-EMI/EMIs.
iv. Direct the Respondent Bank (R5) 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. v. Direct the respondent bank to refund the pre-
EMIs/Full EMIs paid by the petitioner. vi. Direct the R4 & R5 to 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.
vii. Direct the respondent bank to recover the outstanding loans in question from respondent Developer (R5, R7 and R8).
viii. Direct the respondent bank to refrain from taking any further action to recover any pre-EMI amounts -4- NC: 2025:KHC:39971 WP No. 11881 of 2025 HC-KAR from the petitioner as such payments are premature and unlawful until the petitioner is delivered possession of the property.
ix. Direct the respondent 9 to dispose the complaint filed by the petitioner within 60 days as per the provisions of the RERA Act, RERA complaint dated 08.01.2025 filed by the petitioner is annexed hereto and marked as Annexure-E. x. Grant any further relief that this Hon'ble Court deems fit and proper in the circumstances of the case, including but not limited to, the award of costs and damages for the undue financial burden and hardship faced by the petitioner.
2. Sri Abhijeet Sharma, learned counsel for the Petitioner by relying on the interim order dated 27.09.2021 passed in W.P.No.17473/2021, the order dated 16.11.2021 in W.P.No.18713/2021 and the order dated 13.07.2023 in W.P.No.14509/2023 contends that similar interim order could be passed in the present matter restraining the Respondent- Bank from continuing the requirement of the pre-EMI until disposal of the petition.
3. Learned counsel for Respondents No.6 to 8 relies upon the final orders dated 05.08.2025 in -5- NC: 2025:KHC:39971 WP No. 11881 of 2025 HC-KAR W.P.No.23590/2025 and the order dated 21.08.2025 in W.P.No.10325/2025, to contend that a Co- ordinate Bench of this Court while disposing of those writ petitions, taking into consideration that the petitioners therein had approached the Real Estate Regulatory Authority (RERA), has categorically held that the writ petition would not be maintainable and the remedies are to be required to be prosecuted before the RERA.
4. Incidentally, he submits that W.P.No.10325/2025 was between one other purchaser and Respondents No.6 to 8 in which the very same counsel for the petitioner had appeared.
5. On enquiry with learned counsel for the petitioner, if the said order has been challenged, he submits that there is no challenge which has been made.
6. In that view of the matter, when a Co-ordinatew Bench of this Court has categorically held that once the homeowner/purchaser has approached the Real -6- NC: 2025:KHC:39971 WP No. 11881 of 2025 HC-KAR Estate Regulatory Authority, writ petition on similar aspects cannot be maintained before this Court.
7. In that view of the matter, the above petition stands dismissed, reserving liberty to the petitioner to raise the issues raised in the present matter before the Real Estate Regulatory Authority.
SD/-
(SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 42