Karnataka High Court
Kunal Patel vs Union Of India on 8 December, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2025:KHC:51736
WP No. 36780 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 36780 OF 2025 (GM-RES)
BETWEEN:
KUNAL PATEL
AGED ABOUT 48 YEARS,
SON OF ARVIND PATEL
RESIDING AT QUEENSGATE 2103,
HIRANANDANI ESTATE, G.B ROAD,
THANE WEST - 400 607
...PETITIONER
(BY SRI. AKASH R BANTIA, ADVOCATE)
AND:
1. UNION OF INDIA
THROUGH THE SECRETARY,
MINISTRY OF FINANCE,
RAJPATH MARG, E-BLOCK,
CENTRAL SECRETARIAT,
Digitally signed
by SHWETHA NEW DELHI - 110 011.
RAGHAVENDRA
Location: HIGH
COURT OF 2. NATIONAL HOUSING BANK
KARNATAKA
THROUGH ITS MANAGING DIRECTOR,
NO.2, F- BLOCK, II FLOOR, CBAB COMPLEX,
CAUVERY BHAWAN, K.G. ROAD,
BENGALURU, KARNATAKA - 560 009.
3. RESERVE BANK OF INDIA,
THROUGH ITS GOVERNOR,
NO. 6, SANSAD MARG,
NEW DELHI - 110 001.
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WP No. 36780 of 2025
HC-KAR
4. M/S. TRANSUNION CIBIL LIMITED
FORMERLY, CREDIT
INFORMATION BUREAU (INDIA)
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT
LIMITED ONE WORLD CENTER,
19TH FLOOR, TOWER 2A AND 2B,
SENAPATI BAPAT MARG, LOWER PAREL,
MUMBAI - 400 013.
REPRESENTED BY ITS
AUTHORIZED REPRESENTATIVE
MR. RAJESH KUMAR
5. M/S. OZONE URBANA INFRA DEVELOPERS PVT. LTD.,
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956.
HAVING ITS REGISTERED OFFICE AT
NO. 38, ULSOOR ROAD,
BANGALORE - 560 042.
REPRESENTED BY ITS
AUTHORIZED REPRESENTATIVE
VASUDEVAN SATHYAMOORTHY
6. M/S. INDIABULLS HOUSING FINANCE LIMITED
(NOW KNOWN AS SAMMAAN CAPITAL LIMITED)
A COMPANY INCORPORATED UNDER THE PROVISIONS
OF THE COMPANIES ACT, 1956.
HAVING ITS REGISTERED OFFICE AT
M-62 AND 63, FIRST FLOOR,
CONNAUGHT PLACE,
NEW DELHI - 110 001.
MR MANAS SAHOO
...RESPONDENTS
(BY SRI. B.M. KUSHALAPPA, ADVOCATE FOR R1
SRI. M. ASHOK KUMAR, ADVOCATE FOR R2
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WP No. 36780 of 2025
HC-KAR
SRI. PRADEEP S. SAWKAR, ADVOCATE FOR R3
SRI. VELLANKI RAVI, ADVOCATE FOR R4
SMT. VANDANA P.L., ADVOCATE FOR R5
SRI. FRANCIS XAVIER, ADVOCATE FOR R6)
***
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO-A. DIRECT
RESPONDENTS NO. 6 TO CEASE AND DESIST FROM RECOVERING
ANY KIND OF DUES, INCLUDING PRE-EMI AND EMI PAYMENTS
FROM THE PETITIONERS IN RESPECT OF THE LOAN AMOUNTS
DISBURSED BY THEM TO RESPONDENT NO.5, UNTIL DELIVERY
OF POSSESSION OF THEIR RESPECTIVE APARTMENTS BY
RESPONDENT NO.5, ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Sri. B.M. Kushalappa, learned counsel accepts notice for respondent No.1. Learned counsel Sri.M. Ashok Kumar, accepts notice for respondent No.2. Sri. Pradeep S. Sawkar, learned counsel accepts notice for respondent No.3; Learned counsel Sri.Vellanki Ravi accepts notice for respondent No.4; Learned counsel Smt. Vandana P.L., accepts notice for respondent No.5. Learned Counsel Sri.Francis Xavier, accepts notice for respondent No.6. -4-
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2. Petitioner is before this Court seeking for the following reliefs:
" A. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other direction directing Respondents No.6 to cease and desist from recovering any kind of dues, including pre EMI and EMI payments from the Petitioners in respect of the loan amounts disbursed by them to Respondent No.5, until delivery of possession of their respective apartments by Respondent No. 5;
B. Issue a writ in the nature of Mandamus or any other writ directing Respondents No.6 to not take any coercive action against any of the Petitioners under Negotiable Instruments Act, 1881 or any other law;
C. Issue a writ in the nature of Mandamus or any other writ directing Respondents No. 6 to refund the pre-EMIS and EMIS paid by the Petitioners till date to the Petitioners, and recover the same from Respondent No.5;
D. Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other direction directing Respondent No. 5 to pay the Pre- EMI and EMI payments in respect of the loan amounts disbursed by Respondents No.6 to Respondent No.5 on behalf of the Petitioners, until delivery of possession of their respective apartments to the Petitioners;
E. Issue a writ in the nature of Mandamus or any other writ directing Respondents No.6 and Respondent No. 4 to restore the CIBIL score of the Petitioners as it stood prior to the default on the pre-EMIS / EMIS by Respondent No. to the default on the pre-EMIS/EMIs by Respondent No.5;-5-
NC: 2025:KHC:51736 WP No. 36780 of 2025 HC-KAR F. Issue appropriate order or direction against Respondents No.6 for violating the rules and regulations issued by the Respondents No. 1 to 3;
G. Issue such other writ, order or direction as deemed fit in the circumstances of the case."
3. On enquiry with the learned counsel for the petitioner, he submits that the petitioner has approached the Real Estate Regulatory Authority (RERA) seeking for various reliefs.
4. The present petition is one where the main relief which has been sought for is a mandamus to respondent No.6 to cease and desist from recovering any kind of dues including pre-EMI and EMI payments from the petitioner in respect of the loan amounts disbursed by them to respondent No.5, until delivery of possession of their respective apartment by respondent No.5.
5. The aspect of delivery of possession and/or any incidental aspect relating to the booking of the Apartment by the petitioner with respondent No.6 -6- NC: 2025:KHC:51736 WP No. 36780 of 2025 HC-KAR would have to be dealt with by the Real Estate Regulatory Authority including the aspect of any finance, which has been rendered under the RERA.
6. Needless to say, RERA would have the jurisdiction in respect of all banks, financial/Commercial Institutions, NBFCs or the like who had advanced any amounts to the Apartment purchaser or the developer, which is the subject matter of present writ petition, the present main relief which has been sought for cannot be connected with any further relief, inasmuch as this Court cannot direct the delivery of possession which would come under the exclusive jurisdiction of the Real Estate Regulatory Authority.
7. No final relief which can be granted by this Court in respect of the main relief which has been sought for. The final relief can only be granted by the Real Estate Regulatory Authority.
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8. In that view of the matter, reserving liberty to the petitioner to approach the RERA, seeking for the relief which has been sought for in the present petition and directing the RERA to consider the said grievance, the petition stands disposed of.
SD/-
(SURAJ GOVINDARAJ) JUDGE BMV* List No.: 1 Sl No.: 24