BEFORE THE HON’BLE MR. JUSTICE ANAND …judgmenthck.kar.nic.in/judgmentsdsp/bitstream/... · Kalyan Nagar, Bangalore. 49. Sajith Kumar .T, ... Tower A, RMZ Infinity, 3rd Floor,

1

IN THE HIGH COURT OF KARNATAKA AT

BENGALURU

DATED THIS THE 29TH

DAY OF OCTOBER 2015

BEFORE

THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

WRIT PETITION Nos.60457 OF 2014 AND 27002-27182 OF

2015 (GM-RES)

BETWEEN:

1. M/s. Sovereign Unnati Apartment

Allottees Welfare Association,

Represented by its President,

Mr. Srinivas Nagaraj Iyengar,

Son of Srinivas Narayan Iyengar,

Aged about 53 years,

Office at No.138, 4th Cross,

Kuvempu Road,

B. Chennasandra,

Banaswadi Post,

Bangalore 560 043.

2. Rajesh Kumar Kakkar,

Son of Shri Ram Nath Kakkar,

64/65, Ashoka Avenue,

K.R.Garden, Murgesh Palaya,

Bangalore 560 017.

3. Sujit Kumar Dhar,

Son of D.C.Dhar,

2


G-2, Shakti Pride Apartments,

4-D Cross, 2nd

Main,

Kasturinagar,

Bangalore 560 043.

4. Muzamil Khan,

Son of abdul Qaiyoom,


311, 3rd

A Main, 2nd

D Cross,

Kasturi Nagar Extension,

Vijinapura,

Bangalore 560 016.

5. Arijit Ghosh,

Son of Pulak Ghosh,


#82, Neeraja Homes,

New Khata 455,

Amar Regency Layout,

Horamavu, Bangalore 560 043.

6. Subarnab Majumdar,

Son of Kajal Kanti Majumdar,


B204-SKYLINE MAGOLIA,

Ashirvad Colony,

Horamavu,

Bangalore 560 043.

7. Rachit Garg,

Son of Amrish Kumar Agarwal,


GMTCI, CREATOR, ITPL,

Whitefield Main Road,

3

Bangalore 560 066.

8. Shrivatsa .K,

Son of Srinivasa Rao .K,


#129, 5th Cross,

T.G.Extension, Hoskote,

Bangalore 562 114.

9. Sudipta Deb,

Son of Sib Sankar Deb,


Flat No.303, Dee Cee Meadows,

219/1P, 2nd

Cross,

Muni Reddy Layout,

Horamavu, Bangalore 560 043.

10. Ram Sewak Yadav,

Son of Ram Dhari Yadav,


Elina Bhavan, 202,

6th

Main, Teachers Colony,

HBR 2nd

Block, Bangalore 560 043.

11. Akheel Ahmed,

Son of Abdur Raheem,


13/2, Venkataswamappa Layout,

4th

Main, L.R.Bande,

R.T.Nagar Post,

Bangalore 560 032.

12. Syama Pada Mukherjee,

Son of Late Ram Satya Mukherjee,


4

Varstradition Aprts,

2nd

Main, Last Building, Pai Layout,

Bangalore 560 016.

13. Anirban Mukherjee,

Son of S.P.Mukherjee,


Varstradition Aprts,

2nd

Main, Last Building,

Pai Layout, Bangalore 560 016.

14. Sameer Rout,

Son of Sudhakar Rout,


Flat 102, Anand Nilaya,

AECS A Block, Kundanahalli,

Bangalore 560 037.

15. Naveen Prabhu,

Son of Dinesh Prabhu,

Aged 33 years,

No.217, Prestine Paradise Apts,

Bilikahalli, BTM, Bangalore.

16. Subodh Kumar Singh,

Son of Bindheshwar Singh,

Aged 35 years,

32, 5th

Main, TC Palya Road,

Hoysala Nagar, Ramamurthy Nagar,

Bangalore 560 016.

17. Nayeem Ahmed,

Son of Abdul Mokhtar,

Aged 39 years,

201, Slv Grand Apts.,

5

5th

Block, HBR Layout,

Bangalore 560 043.

18. P. Sathyan,

Son of S. Palaninathan,

Aged 44 years,

No.59, 10th

Cross,

Gospel Street,

Lingarajapuram,

St.Thaomas Town,

Bangalore 560 084.

19. Supratim Mukherjee,

Son of Basudev Mukherjee,

Aged 34 years,

27/3, F4, Mullur,

Carmelaram Post,

Kodathi Gate, Sarjapur Road,

Bangalore 560 035.

20. Govind Hegde,

Son of Late L.R.Hegde,

Aged 39 years,

67, Matru Chaya, 3rd

Main,

Nagendra Block,

BSK III Stage,

Bangalore 560 050.

21. Sanjeev Kumar,

Son of Mr. A.K.Prabhakar,

Aged 33 years,

255/C, 4th Main, 8

th Cross,

S.T. Bed Layout,

Koramangala, 4th Block,

Bangalore 560 034.

6

22. Ganga Devi Reddy,

Daughter of B. Gangi Reddy,

Aged 38 years,

218, 1 BC Cross, Kasturi Nagar,

Bangalore.

23. Pramod Kumar,

Represented by GPA Holder

B.K.Nageswar,

Son of Ramachandra Naidu,

Aged 44 years, 44/28,

3rd

Cross, 4th

Block,

Kumara Park West,

Sheshadripuram,

Bangalore 560 020.

24. Prashanth Kumar,

Son of Ramachandra Naidu,

Aged 42 years,

Kumara Park West,

Sheshadripuram,

Bangalore 560 020.

25. Siva Subramanian .V,

Son of Venugopal .R,

Aged 36 years,

49A, 2nd

Main,

Greenpark Layout,

Banaswadi, Bangalore 560 043.

26. M. Musthaq Shaik,

Son of T. Md. Ishaq,

Aged 35 years,

9-91, Kothapeta Street,

7

Vayalpad, Chittoor (District),

Andhra Pradesh.

27. Veena D Bhat,

Wife of Ramakrishna A.R.,


No.2000, C Block Sahakar Nagar,

21st Cross, 2

nd Main,

Bangalore 560 092.

28. Dinesh Luke,

Son of Eapen Luke,

Aged 44 years,

1301, Krystal Citrine,

Kodigehalli Road,

Hoodi Mahadevapura Post,

Bangalore 560 048.

29. Ashutosh Gupta,

Son of Govind Sharan Gupta,

Aged 34 years,

No.002, Krishna Krupa Apts,

6th

Main, 6th E Cross,

Kaggadasa Pura,

Bangalore 560 093.

30. Rajesh .V,


Son of Veerappan,

405, Prabhat Royal,

1st Main, 1

st Cross,

Banaswadi, Bangalore.

31. V. Ramehs,

Aged 37 years,

8

Son of Veerappan,

B 303, Sapthagiri Maharishi Apts,

26, 10th Cross,

Nagavarapalya,

C.V.Raman Nagar,

Bangalore.

32. Binoy V.K,

Son of T. Mohanan,

Aged 34 years,

38, Sai Krupa,

Nr. Layout, Vijinapura,

Bangalore 560 016.

33. Prabir Santra,

Son of Matilal Santra,

Aged 37 years,

244, 3rd

Main, 7th

Cross,

Mico Layout, BTM 2nd

Stage,

Bangalore 560 076.

34. Indrajit Mazumder,

Son of Sakti Pada Mazumder,

Aged 32 years,

Flat 121, VM Serenity,

57/1, 2nd

Cross,

Brindavan Layout,

Horamavu,

Bangalore 560 043.

35. Ajay Maiti,

Son of Mohini Mohan Maiti,

Aged 37 years,

SB 33, Vijaya Enclave,

Vijaya Bank Colony,

9

Bangalore 560 076.

36. Pritam Dey,

Son of Priotosh Dey,

Aged 38 years,

64, Mr Riches Garden Layout,

NRI Layout Extension,

T.C.Palya Main Road,

Bangalore 560 043.

37. Amjad Ulla Khan,

Son of Ibrahim Khan,

Aged 63 years,

82/30, Byrasandra Main Road,

1st Block East, Jayanagar,

Bangalore 560 011.

38. Azmath Ulla Khan,

Son of Amjad Ulla Khan,

Aged 28 years,

82/30, Byrasandra Main Road,

1st Block East, Jayanagar,

Bangalore 560 011.

39. Chandra Karpuram,

Son of K. Manikyala Rao,

Aged 32 years,

c/o. K. Ravikumar, Flat 304,

Nishi Palace, No:225,

9th

A Main, HRBR Layout,

1st Block, Bangalore 560 043.

40. Girish Koujalagi,

Son of Vasantrao Koujalagi,

Aged 40 years,

10

G 03, Anjam Apartment,

2nd

Main, 4th

Cross,

Nagarbhavi Circle,

Bangalore 560 047.

41. Ganga Upadhyay,

D/o. Late. K.P.Upadhyay,

Aged 76 years,

170-Kannur Village,

Hennur Bagalur Main Road,

Bangalore 562 149.

42. Srinivas Patro Tangudu,

205, Vanshee Solitaire,

Aged 35 years,

Chinnapanahalli, 4th

Main,

Marthahalli,

Bangalore 560 037.

43. Lalit Mohan Singh Rowat,

Son of Mehrban Singh Rawat,


Flat 105, Swathi Clannet, 80/1,

80 Feet Horamavu Road,

Bangalore 560 043.

44. Abdul Khyum,

Son of Abdul Matheen,


Old 690/3, new No.10,

1st D Main, 4

th B Cross,

Ex Serviceman Colony,

Doddabanaswadi,

Bangalore 560 043.

11

45. Shridhar Patil,

son of Yaswanthrao Patil,


504, Niogam Regency,

1st C Cross, Kaggadasapura,

C.V.Ramn Nagar,

Bangalore 560 093.

46. Gerard Lobo,

Son of Late A.L.Lobo,


301, Dennison Apts,

12 Hall Road,

Bangalore 560 005.

47. Karen Lobo,

Daughter of Gerard Lobo,


301, Dennison Apts,

12 Hall Road,

Bangalore 560 005.

48. Krishnan Parameswaran,

Son of K. Parameswaran,


No.997, 5th

A Cross,

1st Block, Ring Road,

Kalyan Nagar,

Bangalore.

49. Sajith Kumar .T,

Son of T. Gopinathan,


T-09, Cansa Heights, Gear Road,

Doddakaneli,

12

Bangalore 560 035.

50. Sudhir Redkar,

Son of V.B.Redkar,


803, Mahaveer Chalet,

Battarahalli,

Bangalore 560 049.

51. Amit Kumar Modal,

Son of Mahadeb Mondal,


002, Saikrupa Manor,

Nriyt, Kaggadasapura,

C.V.Raman Nagar,

Bangalore 560 093.

52. Vinay Ayachit,


Son of Gunchrrao Ayachit,

129, Shamanna Garden,

Chikkagubbi,

Bangalore 560 077.

53. Mr. Puneet Kumar Agarwal,

Son of Late Krishna Kumar Agarwal,

Aged about 40 yeares,

1st Floor, # 102, Apex Peral Apartment,

25-28, Horamavu Main Road,

Bangalore 560 043.

54. Vidyasagar Nookala,

Son of Satyanarayana Nookala,

Represented by POA

Ravishankar Prasad,

13


Synopsis India Private Limited,

Tower A, RMZ Infinity,

3rd

Floor, Old Madras Road,

Bangalore 560 016.

55. Vishal Rathi,

Son of Omprakash Rathi,




3rd


Bangalore 560 016.

56. Kandarpa Bijoy Bhattacharjee,

Son of Late Kiran Chandra Bhattacharjee,


D-19/8, Defence Accounts

Department Residential Accommodation,

Someshwapura Extension,

Ulsoor,

Bangalore 560 008.

57. Ashish C Kripalni,

Son of Chanderkant,


44, Gururaj Layout,

Oppayappa Bakery,

Doodankundi,

Martahalli,

Bangalore 560 037.

58. Ashish Chamoli,

Represented by POA

Ravi Shankar Prasad,

14

Son of Dinesh Chandra Chamoli,




3rd


Bangalore 560 016.

59. Ravi Shankar Prasad,

Son of Lalan Prasad,




3rd


Bangalore 560 016.

60. Vishal M Poonater,

Son of Mahendra M Poonater,


510, New Anand Complex,

Nagwara Main Road,

Near P and T Colony Bus Stop,

Venkateshpuram,

Bangalore 560 045.

61. Ujjal Baruah,

Represented by POA Ainu Phukan,

Son of Jayanta Baruah,,


#18, 11th Cross,

B.D.S.Nagar,

Bangalore 560 045.

62. Ainu Baruah Phukan,

Son of Jayanta Baruah,

Aged abut 37 years,

15

#18, 11th Cross,

B.D.S.Nagar,

Bangalore 560 045.

63. Rajnish Kumar,

Son of D.N.P.Burnwal,


J-204, Keerthi Narmony Apts,

Near Raghavendra Circle,

Kalkere, Rammurthy Nagar,

Bangalore 560 016.

64. Nethra Prabhakar,

Son of Ganesh Raojingale,


7 PGT Layout, 1st Cross,

Horamavu Main Road,

Bangalore 560 043.

65. Gaurav Dey,

Son of Gautam Prasad Dey,


Samhita Amrit,

Flat No.201, Shirdi Sai Temple Road,

Munnekulala, Marathalli,

Bangalore 560 037.

66. Kaneria Pravin Bhai,

Represented by POA Holder

Parag Kaneria,

Son of Chagan Bhai,


Bhuvana Green Appt.,

Flat No.10805,

Kasvan Halli Main Road,

16

Near B.R.S.School,

Off Sarjapur,

Bangalore 560 103.

67. Kalariya Jivrajbhaiji,

Represented by POA Holder

Parag Kaneria,

Son of Jeram Bhai,


Bhuvana Green Appt.,

Flat No.10805,

Kasvan Halli Main Road,

Near B.R.S.School,

Off Sarjapur,

Bangalore 560 103.

68. Nitin Tupkari,

Son of Ramchandra Tupkari,


Flat No.210, RK Prakrith Palms,

Survey No.93, 3rd

Main,

Beside Narayan E-Techno School,

Hoysala Nagar, TC Palya Main Road,

Horamavu Village,

Bangalore 560 016.

69. V. Narayanan,

Son of R Venkatraman,


R.K, Block – 22,

Flat # 103, 1st Floor,

Sri Balaji Street,

Rammurthy Nagar,

Bangalore 560 016.

17

70. Gajendra Kumar,

Son of Thyagarajan,


1st Floor, Krishnappa Complex,

Nagauarapalya Maket,

C.V.Raman Nagar,

Bangalore 560 093.

71. Tapabrata Sarkar,

Son of Prasanta Kumar Sarkar,


Danso Villa, 1st Floor,

10th Main, Nandanan Colony,

Horamavu Main Road,

Bangalore 560 043.

72. Saurabh,

Son of Chandra Prakash,


B1-102, Provident Welworth City,

Marasandra,

Yelhanka-Doddaballapura Road,

Bangalore 561 203.

73. Bikram Bhola,

Son of Braja Bandhu Bhola,


A-225, Samudhara Sandoval Apts.,

Survey No.70,

Thubrahalli,

Bangalore 560 066.

74. Y. Suresh Kumar,

Son of Y.R.K.V.Prasad Rao,


18

13, G-2, Sanjeevni Enclave,

8th

Cross, 3rd

Main,

Sanjeevini Nagar,

Bangalore 560 072.

75. Partha Pratim Hazarika,

Son of Bijoy Hazarika,


J120, Purva Graces,

Amruthalli,

Byrayanapura,

Bangalore 560 092.

76. Vellingiri .K,

Son of Kumaravel,


12, Marshal Home, 7th

Cross,

Laxmi Layout, Munnekolala,

Marathalli,

Bangalore 560 037.

77. Krishna Mahesh Cherukurj,

Son of Rama Subramanyam,


203, Maria Apts,

2nd

Cross, Hutchins Road,

Bangalore 560 084.

78. M.M.Vishvanath,


K. Mahesh,

Son of K. Mahesh,


601, Spring, Windsor Four Seasons

Behind MeenakshiTemple,

19

Off B.G.Road,

Bangalore 560 076.

79. Rajita Hariprasad,

Daughter of Raghavan,


Rajita # 50, Defence Colony,

Kaveri Nagar,

Horamavu Agara,

Bangalore 560 043.

80. Gaurav Maheshwari,

Son of M.M.Maheshwari,


A2-Sai Annex, Pai Layout,

1st Main, 16

th Cross,

Bangalore 560 016.

81. Annapurna Upadhyay,

Wife of Ravindra Kumar,


21, 1st Floor, Dream Meadows,

Brookfield, Kkundanhalli,

Near Ryan International School,

Bangalore 560 037.

82. Paripurna Nand Pnadey,

Son of Janardhan Pandey,


21, 1st Floor, Dream Meadows,

Brookfield, Kkundanhalli,

Near Ryan International School,

Bangalore 560 037.

83. Bina S Amble,

20

Wife of Shreekant C Amble,


E-304, Adarsh Hill Appts,

Opp Dyanand Sagar College,

Kumaraswamy Layout,

Bangalore 560 078.

84. Mani Remi Chandan,

Son of Sita Ram Prasad,


R.R.Enclave, 5th

main,

6th

Cross, KIB Layout,

Sanjay Nagar,

Bangalroe 560 094.

85. K.R.Nagendra Prasad,

Son of K. Rajagopal,


#22, Centralstreet,

5th

Block, K.P.West,

Bangalore 560 020.

86. M.Subramomi,

Son of M. Muniswamy,


1797/3, 3rd

B Cross,

Near CMR International Junior School,

Kacharkanahalli,

Bangalore 560 084.

87. Satish .R,

Son of B. Raju,


Sree Nivas, 5th

Cross,

Annayappa Reddy Layout,

21

Ramamoorthy Nagar,

Bangalore 560 016.

88. Shivamohan MP,

Son of Mallikarjuna BP,


G2, Rajashree Apartments,

1st Main, Krishnappa Garden,

BG Road,

Bangalore 560 041.

89. Vinod Kumar VK,

Son of Madhavan .A,

Aged about 38years,

993, Vinod Villa,

2nd

Main Road, Udaya Nagar,

Bangalore 560 016.

90. Abbas Ali .Z,

Son of A Zeinulabudeen,


Flat No.F4, Block 1,

5th

Main Road, OMBR Layout,

Kasturi Nagar,

Bangalore 560 043.

91. Vinayak K Kamath,

Son of KB Kamath,


19, 3rd

Cross, HMR Main Road,

HMR Layout, Gokula Post,

Bangalore 560 054.

92. T.S.Shriram,

Son of TR Sridhar,

22


55, 5th

A Main,

8th

Cross, Kalkere Main Road,

Ramamurthy Nagar,

Bangalore 560 036.

93. Devraj Viswanathan,

Son of Viswanathan .M,


A-1201, Durga Rainbow Apartments,

Next to More Mega Store,

Outer Ring Road,

Mahadevapura,

Bangalore 560 048.

94. Omkar Mohallick,

Son of Purna Chandra Mohallick,


Flat No.401, PNB Residency,

3rd

Main, 8th Cross,

Hoyasala Nagar,

TC Palya Main Road,

Bangalore 560 016.

95. Mukesh Kumar,

Son of Amrit Pani Shukla,


Srihari, 336, 4th

Main,

5th

Block, HBR Layout,

Bangalore.

96. Aditya Devgun,

Son of SM Devgun,


5/6 Devgun Vineyard Garden,

23

RM Nagar Main Road,

Dodda Banaswadi,

Bangalore 560 043.

97. Rohit Bhagat,

Son of Lekh Raj Bhagat,


1106, Block B,

Janapriya Lakeview Phase 2,

Kodichikkanahalli,

Bangalore 560 076.

98. Shubha,

Represented by GPA Holder Suma V,

Daughter of JV Venkateswaran,


No.402, 9th

B Main, 1st Block,

Kalyan Nagar,

Bangalore 560 043.

99. S.R. Narayanan,

Son of SK Rajagopalan,


F 723, Sena Vihar,

Kammanahally,

Bangalore 560 043.

100. Anil Kumar KK,

Son of Krishnankutty,


PO Iranikkulam,

Thrissur District,

Kerala 680 734.

101. Utpal Sen,

24

Son of Jawahar Lal Sen,


402, Greenview Apartment,

Laughing Water Layout,

Ramagondanahalli,

Bangalore 560 066.

102. Shrinivas Kulkarni,

Son of Vasudev Kulkarni,


45, Chandran Niwas,

Green Park Layout,

Banaswadi,

Bangalore 560 043.

103. Samiran Sarkar,

Son of NN Sarkar,


Flat No.202, A Block,

Apporva Paradise,

TC Palya Main Road,

Ramamurthy Nagar,

Bangalore 560 016.

104. Kameswara Rao T,

Son of Golljirao T,


26, 2nd

Main, 3rd

Cross,

Banaswadi,

Bangalore.

105. Naneshwar S Sawant,


Son of Sadashiv Sawant,


25

18, 2nd

Cross,

SH Layout, KB Sandra,

RT Nagar Post,

Bangalore 560 032.

106. Meenal Mishra,

Son of Vijay Narayan Mishra,


307, 1st Block,

SMR Vinay Estate,

Horamavu, Banaswadi,

Bangalore 560 043.

107. Helen Joseph,

Daughter of Joseph,


4B, Vahe Landmark,

Vinayak Nagar, Gunjur,

Bangalore 560 087.

108. Sudhir Degaonkar,

Son of Vasant Degaonkar,

Aged about 39years,

No.14,5 LIB 1st Phase,

13-B Cross, Yelahanka New Town,

Bangalore 560 102.

109. Chinmaya Hardas,

Son of Sudhir Hardas,


B-106, Gopalan Millenium Habitat,

Kundanahalli,

Bangalore 560 037.

110. DL Sujai Kumar,

26

Son of DN Lakshmi Narayana,


No.1EC 230,

Akashdeep BDA Layout,

3rd

Block, Hennur Road,

Behind Jyothi School,

Bangalore 560 084.

111. Dinesh Kumar Malvija,

Son of NK Malviya,

38, Narmada Bhavan,

2nd

Cross, Nandi Riches Garden,

Kalkere,

Bangalore 560 043.

112. Shishir Khurana,

Son of SC Khurana,


252, Skanda Sky Panathur,

Kabhasanhalli,

Bangalore 560 103.

113. Naveen Kak,

Son of Dr. Shirban Nain Kak,

Aged about 38years,

D-902, Rohan Vasantha Apts,

Marathahalli,

Bangalore 560 037.

114. Shaik Ahmed,

Son of Ahaik Imam,


714, Jalvayu Towrsn,

Sadanandanagar,

NGEF Layout,

27

Bangalore 560 038.

115. Sakesh Sasidharan,

Son of C. Sasidharan,


18, 11th Cross,

Ashirwad Colony,

Horamavu,

Bangalore.

116. Ashish Kumar Singh,

Son of Motilal Singh,


G-16, Nisarga Residency Apartments,

Behind SFS Ladies Hostel,

Sree Ananth Nagar,

Husur Gate, Electronic City,

Bangalore 560 100.

117. Tapesh Maheswari,

Son of Late H.S.Maheshwari,


404, Keerthi Residency,

Pai Layout, KR Puram,

Near Old Madras Road,

Bangalore 560 016.

118. Akhilesh Gautam,

Son of Ramesh Kumar Gautam,


301, SLV Paradise, 7th Cross,

10th Main, Mallehs Palya,

Bangalore.

119. A.V.Narayanan,

28

Son of AV Venkatachalam,


424/14, GMR Layout,

1st Block, RM Nagar,

Bangalore 560 016.

120. Pavan Kumar Mittal,

Son of PN Mittal,


A-3, Saptagiri Residency,

4th

Main Road,

Chennappanahalli,

Marathahalli,

Bangalore.

121. Chandrashekhar Mittal,

Son of PN Mittal,

Aged about 3 9years,

A-3, Saptagiri Residency,

4th

Main Road,

Chennappanahalli,

Marathahalli,

Bangalore.

122. Syed Athaulla,

Son of Syed Subhan Sab,


7, 1st Floor, 2

nd Cross,

3rd

Main Rahamath Nagar,

R.T.Nagar Post,

Bangalore 560 032.

123. Mohamed Shabbeer,

Son of Mohamed Ghowe,


29

5, (814), 1st Floor,

1st Main, Chirnana Layout,

Kavalbyrasandra,

R.T.Nagar P.O.,

Bangalore 560 032.

124. Pooja Bera,

Daughter of Shahadeb Bera,


45, Chandran Niwas,

Greenpark Layout,

Banaswadi,

Bangalore 560 043.

125. Vineet Shukla,

Son of Ram Shanber Shukla,


C-302, Keethi Riviera Apartment,

6th

G Cross, Kaggadasapura,

Bangalore 560 093.

126. Tarakranjan Gupta,

Son of Dhrubajyoti Gupta,


Flat 004, Scion Park View,

Doctors Layout,

Kasturi Nagar,

Bangalore 560 043.

127. Saravanan .M,

Son of Manickam .N,


Flat No.206,

Shri Balaji Classic Apt,

9th

Street, Bank Avenue,

30

Horamavu,

Bangalore 560 043.

128. Sheetal R Kengale,

Daughter of Rajagonda.B,


74/2, Ranjith Nilaya,

Vagdevi Vilas School Main Road,

Munnekolala,

Bangalore 560 037.

129. Subrata Roy,

Son of Digendra Lal Roy,


R3366, Golden Woods Apt,

1st Main, 1

st Cross,

Basavanagar,

Bangalore.

130. Rajesh Das,

Son of Bhupesh Das,


B-1 East Wing, Grace Garden Apts,

Hennur Main Road,

Bangalore 560 043.

131. Yesvrathnam Kodirekka,

Son of Joseph K,


45, Sanjeevappa Layout,

Jayabharath Nagar,

Bangalore 560 033.

132. Nalam Kalyan Chakravarthy,

Son of N. Kameswara Rao,

31


33, 18th Cross, Sir MV Nagar,

Ramamurthy Nagar,

Bangalore 560 016.

133. Himadri Sekhar Chowdhury,

Son of Himangushu Saha Chowdhury,


Flat No.411,

Maangalya Suryodaya Apt,

175, Varthur Main Road,

Marathahalli,

Bangalore 560 037.

134. Deep Moni Hazarika,

Son of Late Hirebrat Hazarika,


507, A4 Yamuna Block,

National Games Village,

Koramangala 6th Block,

Bangalore 560 095.

135. Ronalk S Pinto,

Son of Rosario Pinto,


204, Ground Floor,

2nd

Main, 4J Cross,

Kasturi Nagar,

Bangalore 560 043.

136. Anil Kumar .P,

Son of Late Padmanabhan .A,


206B, 2nd

Floor, A Block,

Himagiri Enclave,

32

Kaggadasapura 560 093,

Bangalore.

137. Kolluri Meher Kiran,

Son of Kolluri Neelakantam,


2C, 103, Shilpitha Splendor,

119, Chinappa Layout,

Mahadevapura,

Bangalore 560 048.

138. Biswajit Das,

Son of N.K.Das,


#204, Synapse Nest,

7/3 ITPL Main Road,

Brookfields,

Bangalore 560 037.

139. K. Fasiulla Khan,

Son of K. Azmatullah Khan,


GF1, Akashdeep2,

#23, 5th Main, 5

th Cross,

CPV Block, Ganganagar,

Bangalore 560 032.

140. Arup Ghosh,

Son of Anil Kumar Ghosh,


SF-03, Ittina Padma -1,

5th

Main Road, Rammurthynagar,

Bangalore 560 016.

141. Madan Lal Abrol,

33

Son of Late Paras Ram Abrol,


428, 9th Main,

HRBR Layout, 1st Block,

Kalyannagar,

Bangalore 560 043.

142. Mohamed Zahiruddin,

Son of Late B. Mohamed Imam,


10, Shadab, Plian Street,

Off Infantry Road,

Shivajinagar,

Bangalore 560 001.

143. Mohamed Riyazuddin,


Mohamed Zahiruddin,

Son of Late B. Mohamed Imam,


10, Shadab, Plian Street,

Off Infantry Road,

Shivajinagar,

Bangalore 560 001.

144. N.V.Rajesh Narayana,

Son of N. Narayana Murthy,

Aged about 38years,

109, lily block,

Keerthi Riveria Annex,

6th

G Cross, Kagadaspura,

Bangalore 560 093.

145. Mouttovcoumaran .P,

Son of Pandurangan,

34


Sangitha Orchid Appts.,

C.V.Raman Nagar,

Bangalore 560 043.

146. Kishor Kumar .P,

Son of Pandurangan .V,


43/6, Annaswamy Mudaliar Road,

Narayan Reddy Colony,

Bangalore 560 042.

147. Ashish Kumar Nandy,

Represented by POA

Sujit Kumar Dhar,

Son of Late Hariprasad Nandy,


G-2 Shakti Pride Apartments,

4-D Cross, 2nd

Main,

Kasturinagar,

Bangalore 560 043.

148. Ramandeep Kaur,

Son of Jagir Singh,


#371, EWS Layout, 2nd

Cross,

J.P.Nagar, 8th

Phase,

Bangalore 560 076.

149. Sathya Neela Madhu Reddy,

Son of Madhu Krishna Reddy,


1620, HBR Layout, 3rd

Block,

Krishna Reddy Layout,

Kalyan Nagar,

35

Bangalore 560 043.

150. Deepa Agarwal,

Wife of Motilal Agarwal,


Green Coastal Appt.,

Flat No.107, St.John’s Road,

Bangalore 560 042.

151. Renu Agarwal,

Wife of Sanjay Agarwal,


Green Coastal Appt.,

Flat No.107, St.John’s Road,

Bangalore 560 042.

152. Pawan Peter Minj,

Son of Benedict Minj,


Flat No.210, Elite Horamavu,

Coconut Green Layout,

Behind Devamathya,

Central School, Horamavu,

Bangalore 560 043.

153. Dherendra Singh,

Son of R.P.Singh,


H-2 Shakti Pride Apartments,

4-D Cross, 2nd

Main,

Kasturinagar,

Bangalore 560 043.

154. Ramesh,

Son of Subramaniam,

36


177/2, D2 Ranuka Honda,

Ramaiah Reddy Layout,

Chikka Banaswadi,

Kasturinagar,

Bangalore 560 043.

155. Ranjit Pathak,

Son of Sri. Ambika Pathak,


Satyabhama Bhawan,

Shakarpur (Rasuliganj),

Hazaribagh, Jharkhnad.

156. Amalendu Shaw,

Son of Late P Shaw,


316, Radiant Lakeview Apartment,

Medahalli, Karmasree Layout,

Bangalore 560 049.

157. Saurabh Verma,

Son of Vinay Kumar Verma,


B-02, Mahogany,

Tala Sherwood Apartment,

Basava Nagar,

Bangalore 560 037.

158. Sameer Ahmed Mokashi,

Son of G.A.Mokashi,


Flat No.E404, V M Meaows,

Horamavu Main Road,

Bangalore 560043.

37

159. Manish Kumar,

Son of Dr. B.B.Singh,


#28, 1st Floor, 3

rd Main,

R.M.S.Colony,

Sanjay Nagar,

Bangalore 560 094.

160. Vinay Vishwakarma,

Son of B.R.Vishwakarma,


Flat No.2C-102,

AKME Harmony,

Sarjapura Outer Ring Road,

Outer Ring Road,

Bellandur,

Bangalore 560 103.

161. Subodh Kumar Singh,

Son of Sri. Deonarayan Singh,


#6, Shravanthi Woods,

Nobo Nagar, BTH Road,

Bangalore 560 076.

162. Veeresh Gaddeppanavar,

Son of Sri Shankrappa,


#9, 7th

A Cross, Raghavappa Road

Jaibharatnagar,

Bangalore 560 033.

163. Ramesh S Pujeri,

Son of Shivappa Pujeri,

38


#279, 3rd

B Cross,

2nd

Block, 3rd

Main,

Basaveshwara Nagar,

Bangalore 560 079.

164. Anurag Dwivedi,

Son of Ram Pal Dwivedi,


Flat No.5, No.117,

4th

Cross, Kasturinagar,

Bangalore 560 043.

165. Sujit Khamari,

Son of R. Khamari,


#407, 5th Floor, Abhudaya –II,

Celebrity Road, Doddathongur,

E-City, Phase 1,

Bangalore 560 100.

166. Manoj Kumar Rakesh,

Son of RK Singh,


Flat No.1, Maitry Residency,

Plot No.3/291/1,

Kalkere Main Road, NRI Layout,

Bangalore.

167. Prasad Korwarkar,

Son of K. Prabhanjanath,


No.81/1, First Floor,

ITI Layout, 6th

Cross,

1st Phase, J.P.Nagar,

39

Bangalore 560 078.

168. Ravindra Nagraj,

Son of R. Nagraj,


No.3646, ground floor,

13F Main, HAL 2nd

Stage,

Indira Nagar,

Bangalore 560 008.

169. Sudhir Kumar Chakravarty,

Son of S.K.Chakravarty,


No.443, 5th

Block,

8th

Main, 2nd

Cross,

HBR Layout, Bangalore 560 043.

170. Subhir Kumar Chakravarty,


Sudhir Kumar Chakravarty,

Son of Sudhir K Chakravarty,


No.443, 5th

Block,

8th

Main, 2nd

Cross,

HBR Layout, Bangalore 560 043.

171. Promod T.P.,

Son of Prabhakaran T.K.,


138, 4th Cross, Kuvempu Road,

B. Channasandra,

Banaswadi Post,

Bangalore 560 043.

172. Samir Kumar Biswal,

40

Son of K.C.Biswal,


#42, 8th Cross, Laxmi Layout,

Munnekolala,

Marathalli P.O.,

Bangalore 560 037.

173. Samiran Debnath,

Son of Late Umesh Ch Debnath,


Paruhat Bazar, P.O.Katwa,

District Burdwan,

West Bengal 713 130.

174. Mrinmay Jana,

Represented by POA Asit Barnadash,

Son of Manik Lal Jana,


A-146/1, Road No.J5,

Jeevan Bhima Nagar,

HAL 3rd

Stage,

Bangalore 560 075.

175. Avneet Anand,

Wife of Surjit Singh Anand,


306, 3A Cross, 7B Main,

HRBR Layout, 1st Block,

Bangalore 560 043.

176. V. Sankara Vijayan,

Son of Late Venkatasubramanian,


173/B, 4th Block, 7

th Main,

Rajjinagar,

41

Bangalore 560 010.

177. Gowri Mohan,


Daughter of R. Ramesh,

#28, 1st Cross, Satyam Street,

Munnekolala,

Marathahalli,

Bangalore 560 037.

178. Kavitha .R,


Daughter of Late R. Ramappa,

71, 3rd

Cross, Shivaramaiah Layout,

St.Thomas Town Post,

Kachanakanahalli,

Bangalore 560 043.

179. Rivu Das,


Son of Kanupada Das,

A-108, Silver Pearl,

Beside KSRP Campus,

Hosa Road,

Bangalore 560 100.

180. Jahangir Shaikh,


Son of Jalal Ahammed Shaikh,

D-103, Silver County,

48/210, Kudlu Village,

Off. Sarjapura Road,

Bangalore 560 068.

181. Sudhan AP,

42

Represented by POA Promod TP,


Son of A.G.Prabhakaran,

C/o. Adv. Anupama Sudhan Thushara,

Varandarapilly PO,

Thrissur District, Kerala.

182. Anik Kumar Chakravorty,


Son of Ashok Kumar Chakravorty,

301, Shiva Jyothi Residency,

6th

Main, Vinayak Nagar,

B Block, Bangalore 560 017.

…PETITIONERS

(By Shri Rakshit K.N, Advocate for M/s. Nag Associates,

Advocates)

AND:

1. State of Karnataka,

Represented by its Chief Secretary,

Secretariat, Vidhana Soudha,

Bangalore 560 001.

2. The Commissioner of Police,

Office of the Commissioner,

Infantry Road,

Bangalore 560 001.

3. Reserved Bank of India,

Represented by its Regional Director,

Regional office at No.10/3/8,

Nrupatunga Road,

Bangalore 560 001.

43

4. M/s. Karnataka Bank Limited,

Represented by its Chief Manager,

Koramangala Branch,

No.652, 17th Main, 3

rd Block,

Koramangala Layout,

Bangalore 560 034.

5. Sovereign Developers and Infrastructure

Limited, A company incorporated under

The Companies Act of 1956, having its

Registered office at No.16, 2nd

and 3rd

Floor,

New BEL Road, Jaladharshini Layout,

Bangalore 560 054.

Represented by its Directors,

Mr. Deepak and Mr. Prakash.

6. Prakash Kumar Singh,

Son of C.S. Bharat Singh,

Aged about 41years,

7. Deepak Kumar Singh,

Son of C.S.Bharat Singh,


8. Rajesh Bhadur Chopra,

Son of Prem Sagar Chopra,


9. Sanjay Mukherjee,

Son of S.K.Mukherjee,


10. Ajay Gupta,

Son of Banwarilal Agarwal,

44


11. P.C. Roy Ghatak,

Son of S.K.Roy Ghatak,


Respondent nos. 6 to 11 are

At Sovereign Developers and

Infrastructure Limited,

No.16, 2nd

Floor,

S.D.Complex, New BEL Road,

Bangalore 560 054.

…RESPONDENTS

(By Shri D. Nagaraj, Additional Government Advocate for

Respondent Nos. 1 and 2;

Shri Y.V. Parthasarathi, Advocate for Respondent No.4;

Shri Shivaprabhu S Hiremath, Advocate for Respondent Nos. 5

to 11)

*****

These Writ Petitions filed under Articles 226 and 227 of

the Constitution of India praying to direct the third respondent

to consider the representation made by the petitioner dated 5th

October 2014 vide Annexure-D and further representation dated

15th December 2014 vide Annexure-G within the time

stipulated by this Hon’ble Court and conduct enquiry with

regard to the allegations made in the representation and etc;

These Writ Petitions coming on for Orders this day, the

court made the following:

45

O R D E R

Heard the learned counsel for the petitioners and the

learned counsel for the respondents.

2. The first petitioner is said to be a registered association

of allottees of apartments developed in the vicinity, namely

Sovereign Unnathi, by the fifth respondent. The members of

the petitioner – Association were said to have been offered an

apartment each by Respondent No.5, which was under a Joint

Development Agreement with the then owners of land bearing

Sy.No.511 of Kalkere Village, K.R. Puram Hobli, Bangalore

South Taluk measuring an extent of 5 acres 16 guntas. It was

duly converted for non-agricultural residential purpose as per

the order of the competent authority dated 20.01.2010. It was

the representation of Respondent No.5 that the development

project was duly sanctioned by the competent authorities with

all necessary licences and permissions, and a sum of Rs.14 lakh

was fixed as the base price for each apartment and the price was

46

also said to vary depending on the choice of floor and the

apartment chosen. The petitioners claim that they had believed

the representations put forth by Respondent No.5 and had

accordingly parted with advance amounts under agreements

executed in favour of each of the members of the petitioners

association. It is further alleged that Respondent No.5 however

failed to abide by the schedule prescribed in the development

project. The apartments which were to be delivered on or

before 30.11.2012 was not delivered in time and even as on

date, it remains only partially complete. In the meanwhile,

Respondent No.5 raised claims for additional expenditure on

various accounts to complete construction and this led to

impasse, whereby the construction had come to a standstill.

Though the entire cost of construction as stipulated in the

agreement had been paid to Respondent No.5, on the pretext of

escalation in expenditure, he had not completed the

construction, while making demands for additional amounts.

The petitioners were constrained to approach the Consumer

47

Redressal Forum in this regard. The Consumer Redressal

Forum ultimately has directed Respondent No.5 to return the

money with interest. However, Respondent No.5 has remained

incommunicado and was out of reach and the order could not be

implemented as against Respondent No.5. It is in this

background that Respondent No.4 - M/s. Karnataka Bank

Limited had claimed that the entire land and building which

was the subject matter of agreement between the petitioner and

Respondent No.4 was mortgaged as a security for loan obtained

by the fifth respondent and that since Respondent No.5 had

defaulted in repayment of the loan and has failed to service the

loan, the fourth respondent – Bank had initiated proceedings for

recovery of the amount and sought to bring the land and

building to sale. It is at this juncture that the present petition is

filed.

3. The learned counsel for the petitioners would point out

that the agreement between the petitioners and Respondent

No.5 is silent about any such encumbrance and that the said

48

respondent having created an encumbrance without the

knowledge of the petitioners, Respondent No.4 is seeking to

enforce such an agreement in spite of having received a

substantial amount of Rs.190 crore. Respondent No.4 - Bank

has pressurized the financier of the petitioners to deposit a huge

amount of Rs.190 crore in an Escrow Account.

Notwithstanding the same, the fourth respondent seeking to

proceed post-haste in invoking the provisions of the

Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (hereinafter referred

to as ‘the SARFAESI Act’, for brevity), in desperation, the

petitioners are before this Court.

It is further stated that Respondent No.4 – Bank has

violated all banking norms and especially, the guidelines set by

the Reserve Bank of India in allowing Respondent No.5 to go

scot-free and has not sought to enforce the charge against

Respondent No.5 and though there is a commercial complex

included in the development project which stands in the name

49

of the fifth respondent, the Bank has not taken any steps to

enforce its security against the said property and is seeking to

arm-twist the petitioners into paying more money even though

it has managed to collect a large sum of Rs.190 crore at the cost

of the petitioners. Further, a representation having been made

to the Reserve Bank of India to take appropriate action in

respect of the irregularities and defaults committed by

Respondent No.5, the same has remained in limbo and the

Reserve Bank of India has ignored the situation, thereby

placing the petitioners at the mercy of Respondent No.5, which

proceeds in a biased manner in seeking to enforce an obligation,

which is not binding on the petitioner. Further, it is pointed out

that though the Reserve Bank of India on receiving notice of the

present petition was represented through counsel, for some

unknown reason, the counsel had failed to represent and had

filed a memo of retirement. The Reserve Bank of India is thus

unrepresented before this Court. The learned counsel would

submit that if this Court does not interfere at this stage and

50

protect the interest of the petitioners, they would be put to

irreparable loss and their hard-earned money would be lost for

ever and since Respondent No.5 is playing truant, it would be

well-nigh impossible for the petitioners to salvage the situation

and therefore, in the interest of justice, seeks the intervention of

this Court.

4. While the learned counsel for Respondent No.4 would

take strong exception to allegations made against Respondent

No.4 and it is pointed out that Respondent No.4 is a banker and

is proceeding with all responsibility in accordance with law on

the basis of charges that have been created in respect of the land

and building. He has taken strong exception to the uncharitable

remarks made against the conduct of the Bank and its officers.

He would point out that there is no impediment for the Bank to

proceed, in accordance with law. And secondly, the very

prayer sought for in the present petition is not maintainable and

since the petitioners themselves seek that the Respondent No.4

should proceed against Respondent No.5 to recover properties,

51

which is exactly what the fourth respondent is about, it is the

contradiction in terms for the petitioners to seek a direction to

the Reserve Bank of India to take action against the fourth

respondent, in spite of the fourth respondent having taken

appropriate measures to recover its monies.

5. In the above background, the remedy of the petitioners

if they seek to negate the liability and seek to claim that the

petitioners were agreement holders having parted with the

entire price reserved under the agreement to be denied their due

at this point of time on the basis of a charge created by

Respondent No.5 without the knowledge of the petitioners,

results in a miscarriage of justice, is a matter which requires to

be established with reference to facts and therefore, to proceed

on the basis of affidavits supporting the writ petition would not

be advisable for this court to intervene.

It would at best be possible for the petitioners to file an

appropriate suit for damages in the meanwhile, to secure their

possession of the property, if they are in possession of the same.

52

Insofar as the inaction on the part of the Reserve Bank of

India is concerned, it is indeed inexplicable that the counsel

who represented the Reserve Bank of India has withdrawn from

the proceedings and there is no move on the part of the Reserve

Bank of India to engage any other counsel. This would indicate

the sense of irresponsibility on the part of the Reserve Bank of

India. It is in that background that the complaint of the

petitioners that their representation has not been considered by

the RBI and no further steps have been taken, would have to be

accepted. It is therefore expected of the Reserve Bank of India

to proceed forthwith and to examine the allegations made by the

petitioners and to take appropriate action if necessary. This

Court has stopped short of issuing a bailable warrant to the

person representing the Reserve Bank of India for its conduct

before this Court in having engaged counsel and thereafter

having withdrawn the authority and not having taken any steps

to engage some other counsel. It would be expected of the

53

Reserve Bank of India to take action forthwith on the

representation, if it is found to be validly made.

With that observation, the petitions stand disposed of.

Since the remedy of the petitioners lies elsewhere, the interim

order granted earlier stands vacated.

Sd/-

JUDGE

KS

Documents

BEFORE THE HON’BLE MR. JUSTICE ANAND …judgmenthck.kar.nic.in/judgmentsdsp/bitstream/... · Kalyan Nagar, Bangalore. 49. Sajith Kumar .T, ... Tower A, RMZ Infinity, 3rd Floor,