Karnataka High Court
Jain Housing And Construction Limited vs The Karnataka Real Estate on 31 May, 2023
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
WP No. 3925/2023
C/W WP Nos. 3926/2023,3927/2023,
3930/ 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
W.P.NO. 3925/2023 (GM-RES)
C/W
W.P.NOS. 3926/2023, 3927/2023,
3930/2023(GM-RES)
In W.P.No.3925/2023:
BETWEEN:
JAIN HOUSING AND CONSTRUCTION LIMITED.,
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT NO.98/99,
HABIBULLAH ROAD, T NAGAR,
CHENNAI, TAMIL NADU-600 017.
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. GIRISH JAIN,(MANAGER)
...PETITIONER
(BY SRI. SAMEER SHARMA.,ADVOCATE)
Digitally signed AND:
by SHARADA
VANI B 1. THE KARNATAKA REAL ESTATE
Location: HIGH REGULATORY AUTHORITY
COURT OF 2ND FLOOR, SILVER JUBILEE BLOCK,
KARNATAKA UNITY BUILDING, CSI COMPOUND,
BANGALORE-560 027.
REPRESENTED BY ITS SECRETARY.
2. SRI KEWAL CAND CHAAJER,
AGED ABOUT 58 YEARS,
S/O M L CHAAJER,
R/A NO.363, 18TH F MAIN, 6TH BLOCK,
KORAMANGALA, BANGALORE-560 095.
...RESPONDENTS
(BY SRI. GOWTHAMDEV C ULLAL.,ADVOCATE FOR R1;
SRI. DEEPAK BHASKAR., ADVOCATE FOR R2)
-2-
WP No. 3925/2023
C/W WP Nos. 3926/2023,3927/2023,
3930/ 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS PERTAINING TO COMPLAINT BEARING
NO.CMP/211109/0008530, FILED BY THE R-2 BEFORE THE R-1
AND QUASH AND SET ASIDE THE IMPUGNED ORDER DATED
21/11/2022 RENDERED BY THE R-1 IN PROCEEDINGS
BEARING COMPLAINT NO.CMP/211109/0008530 (ANNEXURE-
A) AND ETC.,
In W.P.No.3926/2023:
BETWEEN:
JAIN HOUSING AND CONSTRUCTION LIMITED.,
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT NO.98/99,
HABIBULLAH ROAD, T NAGAR,
CHENNAI, TAMIL NADU-600 017.
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. GIRISH JAIN,(MANAGER)
...PETITIONER
(BY SRI. SAMEER SHARMA.,ADVOCATE)
AND:
1. THE KARNATAKA REAL ESTATE
REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK,
UNITY BUILDING, CSI COMPOUND,
BANGALORE-560 027.
REPRESENTED BY ITS SECRETARY.
2. SRI. A.R.RAMESH,
AGED ABOUT 43 YEARS,
S/O K A RAMANUJAM,
NO.F4802, AJMERA GREEN ACRES,
KALENA AGRAHARA, BANNERGHATTA ROAD,
BANGALORE - 560 076.
...RESPONDENTS
(BY SRI. GOWTHAMDEV C ULLAL.,ADVOCATE FOR R1;
SRI. SATEESH CHANDRA K V., ADVOCATE FOR R2)
-3-
WP No. 3925/2023
C/W WP Nos. 3926/2023,3927/2023,
3930/ 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS PERTAINING TO COMPLAINT BEARING
NO.CMP/210801/0008194, FILED BY THE R-2 BEFORE THE R-1
AND QUASH AND SET ASIDE THE IMPUGNED ORDER DATED
21/11/2022 RENDERED BY THE R-1 IN PROCEEDINGS
BEARING COMPLAINT NO.CMP/210801/0008194 (ANNEXURE-
A) AND ETC.,
In W.P.No.3927/2023:
BETWEEN:
JAIN HOUSING AND CONSTRUCTION LIMITED.,
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT NO.98/99,
HABIBULLAH ROAD, T NAGAR,
CHENNAI, TAMIL NADU-600 017.
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. GIRISH JAIN,(MANAGER)
...PETITIONER
(BY SRI. SAMEER SHARMA.,ADVOCATE)
AND:
1. THE KARNATAKA REAL ESTATE
REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK,
UNITY BUILDING, CSI COMPOUND,
BANGALORE-560 027.
REPRESENTED BY ITS SECRETARY.
2. SRI.ABRAHAM PANICKER,
AGED ABOUT 38 YEARS,
S/O M.O.PANICKER,
RESIDING AT NO.D-506, PURVA PANORMA,
KALENA AGRAHARA, BANNERGHATTA ROAD,
BANGALORE - 560 076.
...RESPONDENTS
(BY SRI. GOWTHAMDEV C ULLAL.,ADVOCATE FOR R1;
SRI. SATEESH CHANDRA K V., ADVOCATE FOR R2)
-4-
WP No. 3925/2023
C/W WP Nos. 3926/2023,3927/2023,
3930/ 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS PERTAINING TO COMPLAINT BEARING
NO.CMP/210210/0007605, FILED BY THE R-2 BEFORE THE R-1
AND QUASH AND SET ASIDE THE IMPUGNED ORDER DATED
21/11/2022 RENDERED BY THE R-1 IN PROCEEDINGS
BEARING COMPLAINT NO.CMP/210210/0007605 (ANNEXURE-
A) AND ETC.,
In W.P.No.3930/2023:
BETWEEN:
JAIN HOUSING AND CONSTRUCTION LIMITED.,
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT NO.98/99,
HABIBULLAH ROAD, T NAGAR,
CHENNAI, TAMIL NADU-600 017.
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. GIRISH JAIN,(MANAGER)
...PETITIONER
(BY SRI. SAMEER SHARMA.,ADVOCATE)
AND:
1. THE KARNATAKA REAL ESTATE
REGULATORY AUTHORITY
2ND FLOOR, SILVER JUBILEE BLOCK,
UNITY BUILDING, CSI COMPOUND,
BANGALORE-560 027.
REPRESENTED BY ITS SECRETARY.
2. SRI.HALANAGOUDA B,
AGED ABOUT 53 YEARS,
S/O BASANAGOUDA,
R/AT NO.114, 4TH MAIN, 4TH CROSS,
MULKISUNDERAM SHETTY NAGAR,
VIJAYA BANK LAYOUT, OFF BANNERGHATTA ROAD,
BANGALORE- 560 076.
...RESPONDENTS
(BY SRI. GOWTHAMDEV C ULLAL.,ADVOCATE FOR R1;
SRI. SATEESH CHANDRA K V., ADVOCATE FOR R2)
-5-
WP No. 3925/2023
C/W WP Nos. 3926/2023,3927/2023,
3930/ 2023
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS PERTAINING TO COMPLAINT BEARING
NO.CMP/210825/0008272, FILED BY THE R-2 BEFORE THE R-1
AND QUASH AND SET ASIDE THE IMPUGNED ORDER DATED
21/11/2022 RENDERED BY THE R-1 IN PROCEEDINGS
BEARING COMPLAINT NO.CMP/210825/0008272 (ANNEXURE-
A) AND ETC.,
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Both the sides having argued the matter for some time, graciously agree with the suggestion of this Court that the impugned order of the K-RERA dated 21.11.2022 a copy whereof avails at Annexure-A be set at naught and matter be remanded to the RERA for consideration afresh since apparently there is some infirmity, all contentions having been kept open.
Ordered accordingly and Writ Petitions are disposed off requesting the RERA to hear & dispose off the remand within an outer limit of six weeks.
Costs made easy.
Sd/-
JUDGE Bsv