Full Judgment Text
- 1 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.19521 OF 2025 (GM-RES)
C/W
WRIT PETITION NO.24865 OF 2025 (GM-RES)
IN WP NO.19521/2025
BETWEEN:
ORTIUS REAL ESTATE PRIVATE LIMITED
A COMPANY INCORPORATED
UNDER COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
NO.4, FAIRLIE PLACE, KOLKATTA - 700 001
CIN NO.U45202WB2016PTC216016
ALSO HAVING BRANCH OFFICE
RD TH
AT FLAT NO.24, 3 FLOOR, 5 MAIN ROAD
ND
RMV 2 STAGE, NEW BEL ROAD
CHIKKAMARANAHALLI
BENGALURU - 560 094
Digitally signed by
NAGARAJA B M
Location: HIGH
COURT OF
KARNATAKA
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR.HEMANT LOYALKA
SON OF LATE.SANWAR MAL LOYALKA
AGED ABOUT 51 YEARS
…PETITIONER
(BY SRI. PRASHANTH M.V.,ADVOCATE AND
SRI.PRAVEEN PRABHAKAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
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WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
KANDAYA BHAVAN
BENGALURU-560009
2.
THE TAHSILDAR
BENGALURU NORTH TALUK
KANDAYA BHAVAN
GROUND FLOOR
K.G.ROAD
BENGALURU- 560009
3. THE SPECIAL TAHSILDAR
BENGALURU NORTH TALUK
MINI VIDHANA SOUDHA
ND
2 FLOOR
YELAHANKA
BENGALURU
4.
DR.K.BALARAMAN
SON OF MR.V.L.KRISHNASWAMY
AGED ABOUT 74 YEARS
ND
R/AT NO.559, RMV 2 STAGE
NEW BEL ROAD
BENGALURU.
ICICI BANK LIMITED
REGISTERED OFFICE: ICICI BANK TOWER
NEAR CHAKLI CIRCLE
OLD PADRA ROAD, VADODARA
PIN CODE: 390 007
REPRESENTED BY ITS BRANCH MANAGER
HAVING OFFICE AT:
LANDMARK BUILDING
FOURTH FLOOR, 228A
AJC BOSE ROAD
KOLKATA-700 020
5.
…RESPONDENTS
(BY SMT.NAVYA SHEKHAR, AGA FOR R.1 TO R.3;
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NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
SRI.SANJAY H. SETHIYA, ADVOCATE FOR R.4;
V/O/D 18.02.2026 RESPONDENT NO.4 HAS DIED AND
STEPS TO BRING THE LRS OF THE DECEASED
RESPONDENT NO.4 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ND RD
AUCTION PROCESS INITIATED BY THE 2 AND 3 RESPONDENT
VIDE ANNEXURE-A IN RESPECT OF THE APARTMENT UNITS
BEARING NO. A-3 AND A4, EACH OF THEM MEASURING ABOUT
2947 SQ. FT OF SUPER BUILT UP AREA (CARPET AREA-2475 SQ.
FT) WITH TWO COVERED CAR PARKING SPACES ALONG WITH 630
SQ. FT. OF UNDIVIDED SHARE, RIGHT, TITLE AND INTEREST IN
'KRSNA LABURNUM' PROJECT CONSTRUCTED ON THE
PROPERTY BEARING MUNICIPAL NO.28/7, MEASURING A TOTAL
EXTENT OF 30,081.50 SQ. FT. CARVED OUT OF ERSTWHILE
SY.NO.24/5 OF CHIKKAMARENAHALLI VILLAGE, KASABA HOBLI,
BENGALURU NORTH TALUK PRESENTLY IN BBMP WARD NO.100,
SANJAYA NAGAR, BENGALURU AND ETC.
IN WP NO.24865/2025
BETWEEN:
MR.PRATEEK PODDAR
SON OF MR.DEWKI NANDAN PODDAR
AGED ABOUT 44 YEARS
RESIDING AT NO. 21
BELVEDERE ROAD
VTC: ALIPORE, PO:ALIPORE
SUB DISTRICT: CIRCUS AVENUE
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NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
KOLKATA-700 027
WEST BENGAL
...PETITIONER
(BY SRI. PRAVEEN PRABHAKAR, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
KANDAYA BHAVAN
BENGALURU-560 009
2. THE TAHSILDAR
BENGALURU NORTH TALUK
KANDAYA BHAVAN
GROUND FLOOR
K.G.ROAD
BENGALURU - 560 009
3. THE SPECIAL TAHSILDAR
BENGALURU NORTH TALUK
MINI VIDHANA SOUDHA
ND
2 FLOOR, YELAHANKA
BENGALURU-560 064
4. PNB HOUSING FINANCE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT
TH
9 FLOOR, ANTRIKSH BHAWAN
22 KASTURBA GANDHI MARG
NEW DELHI-110 001
REPRESENTED BY ITS BRANCH MANAGER
HAVING OFFICE AT:
TH
5 FLOOR, KANKARIA MANSION
PREMISES NO-7, KYD STREET
KOLKATA-700 016.
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NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
...RESPONDENTS
(BY SMT.NAVYA SHEKHAR, AGA FOR R.1 TO R.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE AUCTION PROCESS INITIATED DATED 07.11.2023 BY THE
R-2 AND 3 VIDE ANNX-A IN RESPECT OF THE APARTMENT
UNITS BEARING NO.B-1 AND B-2 EACH MEASURING ABOUT
2631 SQ.FT OF SUPER BUILT UP AREA (CARPET AREA-2263
SQ.FT) WITH TWO COVERED CAR PARKING SPACES ALONG
WITH 630 SQ. FT. OF UNDIVIDED SHARE, RIGHT, TITLE AND
INTEREST IN KRSNA LABURNUM PROJECT CONSTRUCTED
ON THE PROPERTY BEARING MUNICIPAL NO.28/7,
MEASURING A TOTAL EXTENT OF 30,081.50 SQ. FT. CARVED
OUT OF ERSTWHILE SY.NO. 24/5 OF CHIKKAMARENAHALLI
VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK
PRESENTLY IN BBMP WARD NO.100, SANJAYA NAGAR,
BENGALURU AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
These two captioned writ petitions are filed seeking
identical reliefs and therefore, they are taken up together
for disposal.
2. The petitioners in both writ petitions are aggrieved
by the publication issued in a daily newspaper by
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NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
respondent Nos.1 to 3 notifying the proposed auction of
Apartment Units bearing Nos. A3 and A4 and Apartment
Units bearing Nos. B1 and B2 in order to enforce an
award. Calling in question the legality and validity of the
said auction notification and the consequential steps
initiated by the authorities, the petitioners have
approached this Court by filing the present writ petitions
seeking appropriate reliefs.
3. The petitioners in both matters do not dispute the
ownership of respondent No.4 in W.P.No.19521/2025. It is
the specific case of the petitioners that respondent No.4
has undertaken a residential real estate development
project styled “KRSNA LABURNUM” on the said property.
The project, as stated by the petitioners, comprises two
basement floors, a ground floor, a mezzanine floor, twelve
upper floors and a terrace floor, intended to accommodate
multiple residential apartment units.
4. It is further contended by the petitioners that
after registering the said project under the applicable
- 7 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
regulatory framework, respondent No.4 intended to
alienate several apartment units in favour of prospective
purchasers. The petitioners, being desirous of acquiring
residential units in the said project, approached
respondent No.4. After negotiations and deliberations,
respondent No.4 executed two Agreements to Sell dated
30.01.2017 in favour of the petitioner in W.P.
No.18521/2025 in respect of residential Apartment Units
bearing Nos. A3 and A4, each measuring about 2947 sq.
ft. of super built-up area (carpet area of 2475 sq. ft.),
together with two covered car parking spaces and 630 sq.
ft. undivided share, right, title and interest in the land.
5. Respondent No.4 is also stated to have executed
two Agreements to Sell dated 15.03.2017 in favour of the
petitioner in W.P. No.24865/2025 in respect of residential
Apartment Units bearing Nos. B1 and B2, each measuring
about 2631 sq. ft. of super built-up area (carpet area of
2263 sq. ft.), along with two covered car parking spaces
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WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
and 630 sq. ft. of undivided share, right, title and interest
in the land.
6. The petitioners in both matters assert that under
the aforesaid Agreements to Sell dated 30.01.2017 and
15.03.2017, respondent No.4 had agreed to convey the
said apartment units in their favour and that the petitioners
have paid the entire sale consideration in terms of the
agreements executed between the parties. It is their
grievance that despite having paid the entire sale
consideration and having acquired contractual rights in
respect of the said units, respondent Nos.1 to 3 have
proceeded to initiate auction proceedings in respect of the
very same apartment units for enforcement of an award,
thereby seriously prejudicing the rights claimed by the
petitioners under the agreements. It is in this background
that the petitioners are before this Court assailing the
auction proceedings initiated by the Bank.
7. Learned counsel appearing for the petitioners
would place reliance on two orders passed by the
- 9 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
Coordinate Bench of this Court in respect of similarly
placed agreement holders pertaining to the very same
project. Placing reliance on the said orders, learned
counsel would contend that the auction proceedings
initiated by respondent Nos.1 to 3 are rendered
infructuous, in view of the order passed by the Division
Bench of this Court in RERA Appeal No.27/2023, whereby
the orders dated 07.09.2022 passed by the RERA
Appellate Tribunal has been set-aside.
8. In the light of the aforesaid development, the
Co-ordinate Bench while dealing with the case of similarly
placed agreement holders in the very same project has
taken note of the fact that once the order of the RERA
Appellate Authority has been set-aside by the Division
Bench, the recovery certificate based on the said order
cannot be said to be in currency or enforceable.
Consequently, the Co-ordinate Bench has held that in the
absence of a subsisting recovery certificate, the auction
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NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
proceedings initiated in respect of the properties in
question cannot be sustained.
9. This Court having regard to the judgment
rendered by the Division Bench in RERA Appeal
No.27/2023, and the consequential setting aside of the
order dated 07.09.2022 passed by the Real Estate
Appellate Tribunal, is of the considered view that the very
foundation on which the impugned auction proceedings
were initiated no longer survives. Therefore, the auction
notifications issued by respondent Nos.2 and 3 in respect
of the subject apartment units cannot be sustained.
10. In that view of the matter, this Court proceeds
to pass the following;
ORDER
(i) Both the writ petitions are allowed.
(ii) The Auction Notifications dated
07.11.2023 issued by respondent Nos.2 and 3
vide Annexure-A in respect of Apartment Units
bearing Nos.A3 and A4, B1 and B2 in the
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NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
residential project “KRSNA LABURNUM” are
hereby quashed.
SD/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NBM
List No.: 2 Sl No.: 3
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.19521 OF 2025 (GM-RES)
C/W
WRIT PETITION NO.24865 OF 2025 (GM-RES)
IN WP NO.19521/2025
BETWEEN:
ORTIUS REAL ESTATE PRIVATE LIMITED
A COMPANY INCORPORATED
UNDER COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
NO.4, FAIRLIE PLACE, KOLKATTA - 700 001
CIN NO.U45202WB2016PTC216016
ALSO HAVING BRANCH OFFICE
RD TH
AT FLAT NO.24, 3 FLOOR, 5 MAIN ROAD
ND
RMV 2 STAGE, NEW BEL ROAD
CHIKKAMARANAHALLI
BENGALURU - 560 094
Digitally signed by
NAGARAJA B M
Location: HIGH
COURT OF
KARNATAKA
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR.HEMANT LOYALKA
SON OF LATE.SANWAR MAL LOYALKA
AGED ABOUT 51 YEARS
…PETITIONER
(BY SRI. PRASHANTH M.V.,ADVOCATE AND
SRI.PRAVEEN PRABHAKAR, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
- 2 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
KANDAYA BHAVAN
BENGALURU-560009
2.
THE TAHSILDAR
BENGALURU NORTH TALUK
KANDAYA BHAVAN
GROUND FLOOR
K.G.ROAD
BENGALURU- 560009
3. THE SPECIAL TAHSILDAR
BENGALURU NORTH TALUK
MINI VIDHANA SOUDHA
ND
2 FLOOR
YELAHANKA
BENGALURU
4.
DR.K.BALARAMAN
SON OF MR.V.L.KRISHNASWAMY
AGED ABOUT 74 YEARS
ND
R/AT NO.559, RMV 2 STAGE
NEW BEL ROAD
BENGALURU.
ICICI BANK LIMITED
REGISTERED OFFICE: ICICI BANK TOWER
NEAR CHAKLI CIRCLE
OLD PADRA ROAD, VADODARA
PIN CODE: 390 007
REPRESENTED BY ITS BRANCH MANAGER
HAVING OFFICE AT:
LANDMARK BUILDING
FOURTH FLOOR, 228A
AJC BOSE ROAD
KOLKATA-700 020
5.
…RESPONDENTS
(BY SMT.NAVYA SHEKHAR, AGA FOR R.1 TO R.3;
- 3 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
SRI.SANJAY H. SETHIYA, ADVOCATE FOR R.4;
V/O/D 18.02.2026 RESPONDENT NO.4 HAS DIED AND
STEPS TO BRING THE LRS OF THE DECEASED
RESPONDENT NO.4 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ND RD
AUCTION PROCESS INITIATED BY THE 2 AND 3 RESPONDENT
VIDE ANNEXURE-A IN RESPECT OF THE APARTMENT UNITS
BEARING NO. A-3 AND A4, EACH OF THEM MEASURING ABOUT
2947 SQ. FT OF SUPER BUILT UP AREA (CARPET AREA-2475 SQ.
FT) WITH TWO COVERED CAR PARKING SPACES ALONG WITH 630
SQ. FT. OF UNDIVIDED SHARE, RIGHT, TITLE AND INTEREST IN
'KRSNA LABURNUM' PROJECT CONSTRUCTED ON THE
PROPERTY BEARING MUNICIPAL NO.28/7, MEASURING A TOTAL
EXTENT OF 30,081.50 SQ. FT. CARVED OUT OF ERSTWHILE
SY.NO.24/5 OF CHIKKAMARENAHALLI VILLAGE, KASABA HOBLI,
BENGALURU NORTH TALUK PRESENTLY IN BBMP WARD NO.100,
SANJAYA NAGAR, BENGALURU AND ETC.
IN WP NO.24865/2025
BETWEEN:
MR.PRATEEK PODDAR
SON OF MR.DEWKI NANDAN PODDAR
AGED ABOUT 44 YEARS
RESIDING AT NO. 21
BELVEDERE ROAD
VTC: ALIPORE, PO:ALIPORE
SUB DISTRICT: CIRCUS AVENUE
- 4 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
KOLKATA-700 027
WEST BENGAL
...PETITIONER
(BY SRI. PRAVEEN PRABHAKAR, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
KANDAYA BHAVAN
BENGALURU-560 009
2. THE TAHSILDAR
BENGALURU NORTH TALUK
KANDAYA BHAVAN
GROUND FLOOR
K.G.ROAD
BENGALURU - 560 009
3. THE SPECIAL TAHSILDAR
BENGALURU NORTH TALUK
MINI VIDHANA SOUDHA
ND
2 FLOOR, YELAHANKA
BENGALURU-560 064
4. PNB HOUSING FINANCE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956
HAVING REGISTERED OFFICE AT
TH
9 FLOOR, ANTRIKSH BHAWAN
22 KASTURBA GANDHI MARG
NEW DELHI-110 001
REPRESENTED BY ITS BRANCH MANAGER
HAVING OFFICE AT:
TH
5 FLOOR, KANKARIA MANSION
PREMISES NO-7, KYD STREET
KOLKATA-700 016.
- 5 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
...RESPONDENTS
(BY SMT.NAVYA SHEKHAR, AGA FOR R.1 TO R.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE AUCTION PROCESS INITIATED DATED 07.11.2023 BY THE
R-2 AND 3 VIDE ANNX-A IN RESPECT OF THE APARTMENT
UNITS BEARING NO.B-1 AND B-2 EACH MEASURING ABOUT
2631 SQ.FT OF SUPER BUILT UP AREA (CARPET AREA-2263
SQ.FT) WITH TWO COVERED CAR PARKING SPACES ALONG
WITH 630 SQ. FT. OF UNDIVIDED SHARE, RIGHT, TITLE AND
INTEREST IN KRSNA LABURNUM PROJECT CONSTRUCTED
ON THE PROPERTY BEARING MUNICIPAL NO.28/7,
MEASURING A TOTAL EXTENT OF 30,081.50 SQ. FT. CARVED
OUT OF ERSTWHILE SY.NO. 24/5 OF CHIKKAMARENAHALLI
VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK
PRESENTLY IN BBMP WARD NO.100, SANJAYA NAGAR,
BENGALURU AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
These two captioned writ petitions are filed seeking
identical reliefs and therefore, they are taken up together
for disposal.
2. The petitioners in both writ petitions are aggrieved
by the publication issued in a daily newspaper by
- 6 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
respondent Nos.1 to 3 notifying the proposed auction of
Apartment Units bearing Nos. A3 and A4 and Apartment
Units bearing Nos. B1 and B2 in order to enforce an
award. Calling in question the legality and validity of the
said auction notification and the consequential steps
initiated by the authorities, the petitioners have
approached this Court by filing the present writ petitions
seeking appropriate reliefs.
3. The petitioners in both matters do not dispute the
ownership of respondent No.4 in W.P.No.19521/2025. It is
the specific case of the petitioners that respondent No.4
has undertaken a residential real estate development
project styled “KRSNA LABURNUM” on the said property.
The project, as stated by the petitioners, comprises two
basement floors, a ground floor, a mezzanine floor, twelve
upper floors and a terrace floor, intended to accommodate
multiple residential apartment units.
4. It is further contended by the petitioners that
after registering the said project under the applicable
- 7 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
regulatory framework, respondent No.4 intended to
alienate several apartment units in favour of prospective
purchasers. The petitioners, being desirous of acquiring
residential units in the said project, approached
respondent No.4. After negotiations and deliberations,
respondent No.4 executed two Agreements to Sell dated
30.01.2017 in favour of the petitioner in W.P.
No.18521/2025 in respect of residential Apartment Units
bearing Nos. A3 and A4, each measuring about 2947 sq.
ft. of super built-up area (carpet area of 2475 sq. ft.),
together with two covered car parking spaces and 630 sq.
ft. undivided share, right, title and interest in the land.
5. Respondent No.4 is also stated to have executed
two Agreements to Sell dated 15.03.2017 in favour of the
petitioner in W.P. No.24865/2025 in respect of residential
Apartment Units bearing Nos. B1 and B2, each measuring
about 2631 sq. ft. of super built-up area (carpet area of
2263 sq. ft.), along with two covered car parking spaces
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NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
and 630 sq. ft. of undivided share, right, title and interest
in the land.
6. The petitioners in both matters assert that under
the aforesaid Agreements to Sell dated 30.01.2017 and
15.03.2017, respondent No.4 had agreed to convey the
said apartment units in their favour and that the petitioners
have paid the entire sale consideration in terms of the
agreements executed between the parties. It is their
grievance that despite having paid the entire sale
consideration and having acquired contractual rights in
respect of the said units, respondent Nos.1 to 3 have
proceeded to initiate auction proceedings in respect of the
very same apartment units for enforcement of an award,
thereby seriously prejudicing the rights claimed by the
petitioners under the agreements. It is in this background
that the petitioners are before this Court assailing the
auction proceedings initiated by the Bank.
7. Learned counsel appearing for the petitioners
would place reliance on two orders passed by the
- 9 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
Coordinate Bench of this Court in respect of similarly
placed agreement holders pertaining to the very same
project. Placing reliance on the said orders, learned
counsel would contend that the auction proceedings
initiated by respondent Nos.1 to 3 are rendered
infructuous, in view of the order passed by the Division
Bench of this Court in RERA Appeal No.27/2023, whereby
the orders dated 07.09.2022 passed by the RERA
Appellate Tribunal has been set-aside.
8. In the light of the aforesaid development, the
Co-ordinate Bench while dealing with the case of similarly
placed agreement holders in the very same project has
taken note of the fact that once the order of the RERA
Appellate Authority has been set-aside by the Division
Bench, the recovery certificate based on the said order
cannot be said to be in currency or enforceable.
Consequently, the Co-ordinate Bench has held that in the
absence of a subsisting recovery certificate, the auction
- 10 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
proceedings initiated in respect of the properties in
question cannot be sustained.
9. This Court having regard to the judgment
rendered by the Division Bench in RERA Appeal
No.27/2023, and the consequential setting aside of the
order dated 07.09.2022 passed by the Real Estate
Appellate Tribunal, is of the considered view that the very
foundation on which the impugned auction proceedings
were initiated no longer survives. Therefore, the auction
notifications issued by respondent Nos.2 and 3 in respect
of the subject apartment units cannot be sustained.
10. In that view of the matter, this Court proceeds
to pass the following;
ORDER
(i) Both the writ petitions are allowed.
(ii) The Auction Notifications dated
07.11.2023 issued by respondent Nos.2 and 3
vide Annexure-A in respect of Apartment Units
bearing Nos.A3 and A4, B1 and B2 in the
- 11 -
NC: 2026:KHC:13875
WP No. 19521 of 2025
C/W WP No. 24865 of 2025
HC-KAR
residential project “KRSNA LABURNUM” are
hereby quashed.
SD/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NBM
List No.: 2 Sl No.: 3