Karnataka High Court
Subhashree Saha vs National Housing Bank on 29 October, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:43846
WP No. 5459 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 5459 OF 2025 (GM-RES)
BETWEEN:
SUBHASHREE SAHA,
AGED ABOUT 32 YEARS,
D/O SATYABRATA SAHA,
B-G03 ND LAUREL APARTMENT,
ND LAUREL STREET, TCIS SCHOOL,
8 VINAYAK NAGAR, GUNJUR,
BENGALURU-560 087.
...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-110 003.
Digitally signed
by SHWETHA 2. RESERVE BANK OF INDIA,
RAGHAVENDRA (UNDER RBI ACT)
Location: HIGH THROUGH ITS GOVERNOR,
COURT OF
KARNATAKA 6, SANSAD MARG, NEW DELHI-110 001.
3. UNION OF INDIA,
THROUGH SECRETARY,
MINISTRY OF FINANCE,
RAJPATH MARG, E-BLOCK,
CENTRAL SECRETARIAT,
NEW DELHI-110 011.
4. TRANSUNION CIBIL LIMITED,
(UNDER COMPANIES ACT 1956)
FORMERLY CREDIT INFORMATION BUREAU
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WP No. 5459 of 2025
HC-KAR
(INDIA) LIMITED,
THROUGH ITS MANAGING DIRECTOR,
ONE WORLD CENTRE, TOWER 2A,
19TH FLOOR, SENAPATI BAPAT MARG,
ELPHINSTONE ROAD, MUMBAI - 400 013.
5. STATE BANK OF INDIA,
(INCORPORATED UNDER RBI),
STATE BANK BHAWAN, M.C. ROAD,
NARIMAN POINT, MUMBAI-400 021,
THROUGH ITS CHAIRMAN.
6. OZONE URBANA INFRA DEVELOPERS PVT. LTD.,
(UNDER COMPANIES ACT 1956)
THROUGH ITS MANAGING DIRECTOR,
NO.38, ULSOOR ROAD, BANGALORE-560 042.
7. SATHYA MOORTHY SAI PRASAD,
DIRECTOR, OZONE URBANA,
INFRA DEVELOPERS PVT. LTD.,
NO.38, ULSOOR ROAD, BANGALORE- 560 042.
8. VASUDEVAN SATHYAMOORTHY,
DIRECTOR,
OZONE URBANA INFRA DEVELOPERS PVT. LTD.,
NO.38, ULSOOR ROAD,
BANGALORE- 560 042.
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 - 560 027.
...RESPONDENTS
(BY SMT. SUKANYA BALIA, ADVOCATE FOR R-1;
SRI SUDEEP V.C, ASG ADVOCATE FOR R-3;
SRI PRADEEP SAWKAR, ADVOCATE FOR R-2;
SRI VIGNESH SHETTY, ADVOCATE FOR R-5;
SRI GOWTHAM DEV C ULLAL, ADVOCATE FOR R-9;
V/O DATED 29.10.2025 NOTICE TO R-6 TO R-8 IS
DISPENSED WITH)
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WP No. 5459 of 2025
HC-KAR
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO A) ALLOW THE PRESENT
PETITION; B) ISSUE APPROPRIATE ORDER OR DIRECTION TO THE
RESPONDENT BANK (RESPONDENT NO.5) TO CEASE AND DESIST
FROM RECOVERING EMI PAYMENTS FROM THE PETITIONER ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Smt.Sukanaya Baliga., learned counsel is directed to accept notice for respondent No.1, Sri.Pradeep Sawkar., learned counsel is directed to accept notice for respondent No.2, Sri.Sudeep V.C., learned ASG accept notice for respondent No.3, Sri.Vignesh Shetty., learned counsel is directed to accept notice for respondent No.5 and Sri.Gowtham Dev.C.Ullal., learned counsel is directed to accept notice for respondent No.9
2. Notice to respondents No.4, 6 to 8 is dispensed with in view of the proposed order to be passed.
3. The petitioner is before this Court seeking for the following reliefs;
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NC: 2025:KHC:43846 WP No. 5459 of 2025 HC-KAR a. "Allow the present Petition.
b. Issue appropriate order or direction to the Respondent Bank (Respondent No.5) to cease and desist from recovering EMI Payments from the Petitioner.
c. Direct the Respondent No. 6 Developer to pay Pre- EMI/EMIs.
d. Direct the Respondent Bank (Respondent No.5) to restrain from any precipitative action including but not limited to any civil or criminal proceedings in order recover the purported loan, cease to take any coercive actions during the pendency of the present petition.
e. Direct the respondent-bank to refund the pre- EMIs/full EMIs paid by petitioner. f. Direct the Respondent 4 & 5 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.
g. Direct the respondent Bank to recover the outstanding loans in question from respondent Developer (Respondent 6, 7 & 8).
h. Direct the Respondent Bank to refrain from taking any further action to recover any pre-EMI amounts from the Petitioner as such payments are premature and unlawful until the Petitioner is delivered possession of the property. i. 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 21-12-2024 filed by the petitioner is annexed hereto and marked as ANNEXURE-E. j. 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 -5- NC: 2025:KHC:43846 WP No. 5459 of 2025 HC-KAR costs and damages for the undue financial burden and hardship faced by the Petitioner."
4. The short grievance of the petitioner is that there being default by the Builder the question of the petitioner making payment of EMI could not arrive.
5. The petitioner had already approached the Karnataka Real Estate Regulatory Authority (for short hereinafter referred to as "KRERA") in Complaint No.CMP/1339/2024 wherein vide order dated 16.08.2025 the KRERA had directed the refund of sum of Rs.85,19,220/- within 60 days from the date of the said order along with interest from 20.07.2025 upto the date of payment.
6. When such an order has been passed by the KRERA the question of any orders being passed in the present matter would not arise and the same would amount to dual benefit of the petitioner. -6-
NC: 2025:KHC:43846 WP No. 5459 of 2025 HC-KAR
7. Reserving liberty to the petitioner to execute the aforesaid order dated 16.8.2025, the petition stands dismissed.
SD/-
(SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 29