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IN THE HIGH COURT OF 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, 4 th Cross, Kuvempu Road, B. Chennasandra, Post, 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

Aged about 70 years, G-2, Shakti Pride Apartments, 4-D Cross, 2 nd Main, Kasturinagar, Bangalore 560 043.

4. Muzamil Khan, Son of abdul Qaiyoom, Aged about 34 years, 311, 3 rd A Main, 2 nd D Cross, Kasturi Nagar Extension, Vijinapura, Bangalore 560 016.

5. Arijit Ghosh, Son of Pulak Ghosh, Aged about 37 years, #82, Neeraja Homes, New Khata 455, Amar Regency Layout, , Bangalore 560 043.

6. Subarnab Majumdar, Son of Kajal Kanti Majumdar, Aged about 37 years, B204-SKYLINE MAGOLIA, Ashirvad Colony, Horamavu, Bangalore 560 043.

7. Rachit Garg, Son of Amrish Kumar Agarwal, Aged about 32 years, GMTCI, CREATOR, ITPL, Whitefield Main Road, 3

Bangalore 560 066.

8. Shrivatsa .K, Son of Srinivasa Rao .K, Aged about 36 years, #129, 5 th Cross, T.G.Extension, Hoskote, Bangalore 562 114.

9. Sudipta Deb, Son of Sib Sankar Deb, Aged about 34 years, Flat No.303, Dee Cee Meadows, 219/1P, 2 nd Cross, Muni Reddy Layout, Horamavu, Bangalore 560 043.

10. Ram Sewak Yadav, Son of Ram Dhari Yadav, Aged about 39 years, Elina Bhavan, 202, 6th Main, Teachers Colony, HBR 2 nd Block, Bangalore 560 043.

11. Akheel Ahmed, Son of Abdur Raheem, Aged about 43 years, 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, Aged about 71 years, 4

Varstradition Aprts, 2nd Main, Last Building, Pai Layout, Bangalore 560 016.

13. Anirban Mukherjee, Son of S.P.Mukherjee, Aged about 31 years, Varstradition Aprts, 2nd Main, Last Building, Pai Layout, Bangalore 560 016.

14. Sameer Rout, Son of Sudhakar Rout, Aged about 33 years, 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, 5 th Main, TC Palya Road, Hoysala 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, 10 th Cross, Gospel Street, , 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, 3 rd Main, Nagendra Block, BSK III Stage, Bangalore 560 050.

21. Sanjeev Kumar, Son of Mr. A.K.Prabhakar, Aged 33 years, 255/C, 4 th Main, 8 th Cross, S.T. Bed Layout, , 4 th 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, 4 th 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, 2 nd 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., Aged about 53 years, No.2000, C Block Sahakar Nagar, 21 st Cross, 2 nd Main, Bangalore 560 092.

28. Dinesh Luke, Son of Eapen Luke, Aged 44 years, 1301, Krystal Citrine, Road, Mahadevapura Post, Bangalore 560 048.

29. Ashutosh Gupta, Son of Govind Sharan Gupta, Aged 34 years, No.002, Krishna Krupa Apts, 6th Main, 6 th E Cross, Kaggadasa Pura, Bangalore 560 093.

30. Rajesh .V, Aged about 37 years, 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, 10 th 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, 3 rd Main, 7 th Cross, Mico Layout, BTM 2 nd Stage, Bangalore 560 076.

34. Indrajit Mazumder, Son of Sakti Pada Mazumder, Aged 32 years, Flat 121, VM Serenity, 57/1, 2 nd 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, 4 th Cross, 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, 4 th Main, Marthahalli, Bangalore 560 037.

43. Lalit Mohan Singh Rowat, Son of Mehrban Singh Rawat, Aged about 36 years, Flat 105, Swathi Clannet, 80/1, 80 Feet Horamavu Road, Bangalore 560 043.

44. Abdul Khyum, Son of Abdul Matheen, Aged about 47 years, Old 690/3, new No.10, 1st D Main, 4 th B Cross, Ex Serviceman Colony, Doddabanaswadi, Bangalore 560 043.

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45. Shridhar Patil, son of Yaswanthrao Patil, Aged about 38 years, 504, Niogam Regency, 1st C Cross, , C.V.Ramn Nagar, Bangalore 560 093.

46. Gerard Lobo, Son of Late A.L.Lobo, Aged about 57 years, 301, Dennison Apts, 12 Hall Road, Bangalore 560 005.

47. Karen Lobo, Daughter of Gerard Lobo, Aged about 28 years, 301, Dennison Apts, 12 Hall Road, Bangalore 560 005.

48. Krishnan Parameswaran, Son of K. Parameswaran, Aged about 40 years, No.997, 5th A Cross, 1st Block, Ring Road, , Bangalore.

49. Sajith Kumar .T, Son of T. Gopinathan, Aged about 35 years, T-09, Cansa Heights, Gear Road, Doddakaneli, 12

Bangalore 560 035.

50. Sudhir Redkar, Son of V.B.Redkar, Aged about 45 years, 803, Mahaveer Chalet, Battarahalli, Bangalore 560 049.

51. Amit Kumar Modal, Son of Mahadeb Mondal, Aged about 37 years, 002, Saikrupa Manor, Nriyt, Kaggadasapura, C.V.Raman Nagar, Bangalore 560 093.

52. Vinay Ayachit, Aged about 39 years, 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

Aged about 35 years, Synopsis Private Limited, Tower A, RMZ Infinity, 3rd Floor, Old Madras Road, Bangalore 560 016.

55. Vishal Rathi, Son of Omprakash Rathi, Aged about 34 years, Synopsis India Private Limited, Tower A, RMZ Infinity, 3rd Floor, Old Madras Road, Bangalore 560 016.

56. Kandarpa Bijoy Bhattacharjee, Son of Late Kiran Chandra Bhattacharjee, Aged about 59 years, D-19/8, Defence Accounts Department Residential Accommodation, Someshwapura Extension, , Bangalore 560 008.

57. Ashish C Kripalni, Son of Chanderkant, Aged about 28 years, 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, Aged about 31 years, Synopsis India Private Limited, Tower A, RMZ Infinity, 3rd Floor, Old Madras Road, Bangalore 560 016.

59. Ravi Shankar Prasad, Son of Lalan Prasad, Aged about 32 years, Synopsis India Private Limited, Tower A, RMZ Infinity, 3rd Floor, Old Madras Road, Bangalore 560 016.

60. Vishal M Poonater, Son of Mahendra M Poonater, Aged about 34 years, 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,, Aged about 32 years, #18, 11 th Cross, B.D.S.Nagar, Bangalore 560 045.

62. Ainu Baruah Phukan, Son of Jayanta Baruah, Aged abut 37 years, 15

#18, 11 th Cross, B.D.S.Nagar, Bangalore 560 045.

63. Rajnish Kumar, Son of D.N.P.Burnwal, Aged about 33 years, J-204, Keerthi Narmony Apts, Near Raghavendra Circle, Kalkere, Rammurthy Nagar, Bangalore 560 016.

64. Nethra Prabhakar, Son of Ganesh Raojingale, Aged about 45 years, 7 PGT Layout, 1 st Cross, Horamavu Main Road, Bangalore 560 043.

65. Gaurav Dey, Son of Gautam Prasad Dey, Aged about 34 years, 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, Aged about 59 years, 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, Aged about 50 years, 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, Aged about 33 years, Flat No.210, RK Prakrith Palms, Survey No.93, 3 rd Main, Beside Narayan E-Techno School, Hoysala Nagar, TC Palya Main Road, Horamavu Village, Bangalore 560 016.

69. V. Narayanan, Son of R Venkatraman, Aged about 41 years, R.K, Block – 22, Flat # 103, 1 st Floor, Sri Balaji Street, Rammurthy Nagar, Bangalore 560 016.

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70. Gajendra Kumar, Son of Thyagarajan, Aged about 49 years, 1st Floor, Krishnappa Complex, Nagauarapalya Maket, C.V.Raman Nagar, Bangalore 560 093.

71. Tapabrata Sarkar, Son of Prasanta Kumar Sarkar, Aged about 35 years, Danso Villa, 1 st Floor, 10 th Main, Nandanan Colony, Horamavu Main Road, Bangalore 560 043.

72. Saurabh, Son of Chandra Prakash, Aged about 35 years, B1-102, Provident Welworth City, Marasandra, Yelhanka-Doddaballapura Road, Bangalore 561 203.

73. Bikram Bhola, Son of Braja Bandhu Bhola, Aged about 33 years, A-225, Samudhara Sandoval Apts., Survey No.70, Thubrahalli, Bangalore 560 066.

74. Y. Suresh Kumar, Son of Y.R.K.V.Prasad Rao, Aged about 35 years, 18

13, G-2, Sanjeevni Enclave, 8th Cross, 3 rd Main, Sanjeevini Nagar, Bangalore 560 072.

75. Partha Pratim Hazarika, Son of Bijoy Hazarika, Aged about 32 years, J120, Purva Graces, Amruthalli, Byrayanapura, Bangalore 560 092.

76. Vellingiri .K, Son of Kumaravel, Aged about 36 years, 12, Marshal Home, 7 th Cross, Laxmi Layout, Munnekolala, Marathalli, Bangalore 560 037.

77. Krishna Mahesh Cherukurj, Son of Rama Subramanyam, Aged about 37 years, 203, Maria Apts, 2nd Cross, Hutchins Road, Bangalore 560 084.

78. M.M.Vishvanath, Represented by GPA Holder K. Mahesh, Son of K. Mahesh, Aged about 41 years, 601, Spring, Windsor Four Seasons Behind MeenakshiTemple, 19

Off B.G.Road, Bangalore 560 076.

79. Rajita Hariprasad, Daughter of Raghavan, Aged about 44 years, Rajita # 50, Defence Colony, Kaveri Nagar, Horamavu Agara, Bangalore 560 043.

80. Gaurav Maheshwari, Son of M.M.Maheshwari, Aged about 33 years, A2-Sai Annex, Pai Layout, 1st Main, 16 th Cross, Bangalore 560 016.

81. Annapurna Upadhyay, Wife of Ravindra Kumar, Aged about 45 years, 21, 1 st Floor, Dream Meadows, Brookfield, Kkundanhalli, Near Ryan International School, Bangalore 560 037.

82. Paripurna Nand Pnadey, Son of Janardhan Pandey, Aged about 41 years, 21, 1 st Floor, Dream Meadows, Brookfield, Kkundanhalli, Near Ryan International School, Bangalore 560 037.

83. Bina S Amble, 20

Wife of Shreekant C Amble, Aged about 49 years, E-304, Adarsh Hill Appts, Opp Dyanand Sagar College, , Bangalore 560 078.

84. Mani Remi Chandan, Son of Sita Ram Prasad, Aged about 33 years, R.R.Enclave, 5 th main, 6th Cross, KIB Layout, Sanjay Nagar, Bangalroe 560 094.

85. K.R.Nagendra Prasad, Son of K. Rajagopal, Aged about 54 years, #22, Centralstreet, 5th Block, K.P.West, Bangalore 560 020.

86. M.Subramomi, Son of M. Muniswamy, Aged about 48 years, 1797/3, 3 rd B Cross, Near CMR International Junior School, Kacharkanahalli, Bangalore 560 084.

87. Satish .R, Son of B. Raju, Aged about 38 years, Sree Nivas, 5 th Cross, Annayappa Reddy Layout, 21

Ramamoorthy Nagar, Bangalore 560 016.

88. Shivamohan MP, Son of Mallikarjuna BP, Aged about 31 years, 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, Aged about 42 years, Flat No.F4, Block 1, 5th Main Road, OMBR Layout, Kasturi Nagar, Bangalore 560 043.

91. Vinayak K Kamath, Son of KB Kamath, Aged about 37 years, 19, 3 rd Cross, HMR Main Road, HMR Layout, Gokula Post, Bangalore 560 054.

92. T.S.Shriram, Son of TR Sridhar, 22

Aged about 26 years, 55, 5 th A Main, 8th Cross, Kalkere Main Road, Ramamurthy Nagar, Bangalore 560 036.

93. Devraj Viswanathan, Son of Viswanathan .M, Aged about 30 years, 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, Aged about 36 years, Flat No.401, PNB Residency, 3rd Main, 8 th Cross, Hoyasala Nagar, TC Palya Main Road, Bangalore 560 016.

95. Mukesh Kumar, Son of Amrit Pani Shukla, Aged about 31 years, Srihari, 336, 4 th Main, 5th Block, HBR Layout, Bangalore.

96. Aditya Devgun, Son of SM Devgun, Aged about 39 years, 5/6 Devgun Vineyard Garden, 23

RM Nagar Main Road, Dodda Banaswadi, Bangalore 560 043.

97. Rohit Bhagat, Son of Lekh Raj Bhagat, Aged about 32 years, 1106, Block B, Janapriya Lakeview Phase 2, Kodichikkanahalli, Bangalore 560 076.

98. Shubha, Represented by GPA Holder Suma V, Daughter of JV Venkateswaran, Aged about 34 years, No.402, 9 th B Main, 1 st Block, Kalyan Nagar, Bangalore 560 043.

99. S.R. Narayanan, Son of SK Rajagopalan, Aged about 65 years, F 723, Sena Vihar, Kammanahally, Bangalore 560 043.

100. Anil Kumar KK, Son of Krishnankutty, Aged about 41 years, PO Iranikkulam, Thrissur District, Kerala 680 734.

101. Utpal Sen, 24

Son of Jawahar Lal Sen, Aged about 35 years, 402, Greenview Apartment, Laughing Water Layout, Ramagondanahalli, Bangalore 560 066.

102. Shrinivas Kulkarni, Son of Vasudev Kulkarni, Aged about 37 years, 45, Chandran Niwas, Green Park Layout, Banaswadi, Bangalore 560 043.

103. Samiran Sarkar, Son of NN Sarkar, Aged about 35 years, Flat No.202, A Block, Apporva Paradise, TC Palya Main Road, Ramamurthy Nagar, Bangalore 560 016.

104. Kameswara Rao T, Son of Golljirao T, Aged about 29 years, 26, 2 nd Main, 3 rd Cross, Banaswadi, Bangalore.

105. Naneshwar S Sawant, Represented by GPA Holder Son of Sadashiv Sawant, Aged about 64 years, 25

18, 2 nd Cross, SH Layout, KB Sandra, RT Nagar Post, Bangalore 560 032.

106. Meenal Mishra, Son of Vijay Narayan Mishra, Aged about 33 years, 307, 1 st Block, SMR Vinay Estate, Horamavu, Banaswadi, Bangalore 560 043.

107. Helen Joseph, Daughter of Joseph, Aged about 29 years, 4B, Vahe Landmark, Vinayak Nagar, Gunjur, Bangalore 560 087.

108. Sudhir Degaonkar, Son of Vasant Degaonkar, Aged about 39years, No.14,5 LIB 1 st Phase, 13-B Cross, New Town, Bangalore 560 102.

109. Chinmaya Hardas, Son of Sudhir Hardas, Aged about 34 years, B-106, Gopalan Millenium Habitat, Kundanahalli, Bangalore 560 037.

110. DL Sujai Kumar, 26

Son of DN Lakshmi Narayana, Aged about 43 years, 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, Aged about 32 years, 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, , Bangalore 560 037.

114. Shaik Ahmed, Son of Ahaik Imam, Aged about 32 years, 714, Jalvayu Towrsn, Sadanandanagar, NGEF Layout, 27

Bangalore 560 038.

115. Sakesh Sasidharan, Son of C. Sasidharan, Aged about 32 years, 18, 11 th Cross, Ashirwad Colony, Horamavu, Bangalore.

116. Ashish Kumar Singh, Son of Motilal Singh, Aged about 33 years, G-16, Nisarga Residency Apartments, Behind SFS Ladies Hostel, Sree Ananth Nagar, Husur Gate, , Bangalore 560 100.

117. Tapesh Maheswari, Son of Late H.S.Maheshwari, Aged about 33 years, 404, Keerthi Residency, Pai Layout, KR Puram, Near Old Madras Road, Bangalore 560 016.

118. Akhilesh Gautam, Son of Ramesh Kumar Gautam, Aged about 38 years, 301, SLV Paradise, 7 th Cross, 10 th Main, Mallehs Palya, Bangalore.

119. A.V.Narayanan, 28

Son of AV Venkatachalam, Aged about 62 years, 424/14, GMR Layout, 1st Block, RM Nagar, Bangalore 560 016.

120. Pavan Kumar Mittal, Son of PN Mittal, Aged about 41 years, 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, Aged about 38 years, 7, 1 st Floor, 2 nd Cross, 3rd Main Rahamath Nagar, R.T.Nagar Post, Bangalore 560 032.

123. Mohamed Shabbeer, Son of Mohamed Ghowe, Aged about 56 years, 29

5, (814), 1 st Floor, 1st Main, Chirnana Layout, Kavalbyrasandra, R.T.Nagar P.O., Bangalore 560 032.

124. Pooja Bera, Daughter of Shahadeb Bera, Aged about 30 years, 45, Chandran Niwas, Greenpark Layout, Banaswadi, Bangalore 560 043.

125. Vineet Shukla, Son of Ram Shanber Shukla, Aged about 35 years, C-302, Keethi Riviera Apartment, 6th G Cross, Kaggadasapura, Bangalore 560 093.

126. Tarakranjan Gupta, Son of Dhrubajyoti Gupta, Aged about 41 years, Flat 004, Scion Park View, Doctors Layout, Kasturi Nagar, Bangalore 560 043.

127. Saravanan .M, Son of Manickam .N, Aged about 33 years, Flat No.206, Shri Balaji Classic Apt, 9th Street, Bank Avenue, 30

Horamavu, Bangalore 560 043.

128. Sheetal R Kengale, Daughter of Rajagonda.B, Aged about 36 years, 74/2, Ranjith Nilaya, Vagdevi Vilas School Main Road, Munnekolala, Bangalore 560 037.

129. Subrata Roy, Son of Digendra Lal Roy, Aged about 39 years, R3366, Golden Woods Apt, 1st Main, 1 st Cross, Basavanagar, Bangalore.

130. Rajesh Das, Son of Bhupesh Das, Aged about 38 years, B-1 East Wing, Grace Garden Apts, Hennur Main Road, Bangalore 560 043.

131. Yesvrathnam Kodirekka, Son of Joseph K, Aged about 36 years, 45, Sanjeevappa Layout, Jayabharath Nagar, Bangalore 560 033.

132. Nalam Kalyan Chakravarthy, Son of N. Kameswara Rao, 31

Aged about 37 years, 33, 18 th Cross, Sir MV Nagar, Ramamurthy Nagar, Bangalore 560 016.

133. Himadri Sekhar Chowdhury, Son of Himangushu Saha Chowdhury, Aged about 35 years, Flat No.411, Maangalya Suryodaya Apt, 175, Main Road, Marathahalli, Bangalore 560 037.

134. Deep Moni Hazarika, Son of Late Hirebrat Hazarika, Aged about 32 years, 507, A4 Yamuna Block, National Games Village, Koramangala 6 th Block, Bangalore 560 095.

135. Ronalk S Pinto, Son of Rosario Pinto, Aged about 47 years, 204, Ground Floor, 2nd Main, 4J Cross, Kasturi Nagar, Bangalore 560 043.

136. Anil Kumar .P, Son of Late Padmanabhan .A, Aged about 33 years, 206B, 2 nd Floor, A Block, Himagiri Enclave, 32

Kaggadasapura 560 093, Bangalore.

137. Kolluri Meher Kiran, Son of Kolluri Neelakantam, Aged about 40 years, 2C, 103, Shilpitha Splendor, 119, Chinappa Layout, Mahadevapura, Bangalore 560 048.

138. Biswajit Das, Son of N.K.Das, Aged about 38 years, #204, Synapse Nest, 7/3 ITPL Main Road, Brookfields, Bangalore 560 037.

139. K. Fasiulla Khan, Son of K. Azmatullah Khan, Aged about 40 years, GF1, Akashdeep2, #23, 5 th Main, 5 th Cross, CPV Block, Ganganagar, Bangalore 560 032.

140. Arup Ghosh, Son of Anil Kumar Ghosh, Aged about 44 years, SF-03, Ittina Padma -1, 5th Main Road, Rammurthynagar, Bangalore 560 016.

141. Madan Lal Abrol, 33

Son of Late Paras Ram Abrol, Aged about 66 years, 428, 9 th Main, HRBR Layout, 1 st Block, Kalyannagar, Bangalore 560 043.

142. Mohamed Zahiruddin, Son of Late B. Mohamed Imam, Aged about 55 years, 10, Shadab, Plian Street, Off Infantry Road, Shivajinagar, Bangalore 560 001.

143. Mohamed Riyazuddin, Represented by GPA Holder Mohamed Zahiruddin, Son of Late B. Mohamed Imam, Aged about 55 years, 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

Aged about 41 years, Sangitha Orchid Appts., C.V.Raman Nagar, Bangalore 560 043.

146. Kishor Kumar .P, Son of Pandurangan .V, Aged about 30 years, 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, Aged about 45 years, G-2 Shakti Pride Apartments, 4-D Cross, 2 nd Main, Kasturinagar, Bangalore 560 043.

148. Ramandeep Kaur, Son of Jagir Singh, Aged about 34 years, #371, EWS Layout, 2 nd Cross, J.P.Nagar, 8 th Phase, Bangalore 560 076.

149. Sathya Neela Madhu Reddy, Son of Madhu Krishna Reddy, Aged about 34 years, 1620, HBR Layout, 3 rd Block, Krishna Reddy Layout, Kalyan Nagar, 35

Bangalore 560 043.

150. Deepa Agarwal, Wife of Motilal Agarwal, Aged about 40 years, Green Coastal Appt., Flat No.107, St.John’s Road, Bangalore 560 042.

151. Renu Agarwal, Wife of Sanjay Agarwal, Aged about 40 years, Green Coastal Appt., Flat No.107, St.John’s Road, Bangalore 560 042.

152. Pawan Peter Minj, Son of Benedict Minj, Aged about 40 years, Flat No.210, Elite Horamavu, Coconut Green Layout, Behind Devamathya, Central School, Horamavu, Bangalore 560 043.

153. Dherendra Singh, Son of R.P.Singh, Aged about 37 years, H-2 Shakti Pride Apartments, 4-D Cross, 2 nd Main, Kasturinagar, Bangalore 560 043.

154. Ramesh, Son of Subramaniam, 36

Aged about 40 years, 177/2, D2 Ranuka Honda, Ramaiah Reddy Layout, Chikka Banaswadi, Kasturinagar, Bangalore 560 043.

155. Ranjit Pathak, Son of Sri. Ambika Pathak, Aged about 37 years, Satyabhama Bhawan, Shakarpur (Rasuliganj), Hazaribagh, Jharkhnad.

156. Amalendu Shaw, Son of Late P Shaw, Aged about 63 years, 316, Radiant Lakeview Apartment, Medahalli, Karmasree Layout, Bangalore 560 049.

157. Saurabh Verma, Son of Vinay Kumar Verma, Aged about 38 years, B-02, Mahogany, Tala Sherwood Apartment, Basava Nagar, Bangalore 560 037.

158. Sameer Ahmed Mokashi, Son of G.A.Mokashi, Aged about 38 years, Flat No.E404, V M Meaows, Horamavu Main Road, Bangalore 560043. 37

159. Manish Kumar, Son of Dr. B.B.Singh, Aged about 34 years, #28, 1 st Floor, 3 rd Main, R.M.S.Colony, Sanjay Nagar, Bangalore 560 094.

160. Vinay Vishwakarma, Son of B.R.Vishwakarma, Aged about 36 years, Flat No.2C-102, AKME Harmony, Sarjapura Outer Ring Road, Outer Ring Road, , Bangalore 560 103.

161. Subodh Kumar Singh, Son of Sri. Deonarayan Singh, Aged about 41 years, #6, Shravanthi Woods, Nobo Nagar, BTH Road, Bangalore 560 076.

162. Veeresh Gaddeppanavar, Son of Sri Shankrappa, Aged about 35 years, #9, 7 th A Cross, Raghavappa Road Jaibharatnagar, Bangalore 560 033.

163. Ramesh S Pujeri, Son of Shivappa Pujeri, 38

Aged about 32 years, #279, 3 rd B Cross, 2nd Block, 3 rd Main, Basaveshwara Nagar, Bangalore 560 079.

164. Anurag Dwivedi, Son of Ram Pal Dwivedi, Aged about 36 years, Flat No.5, No.117, 4th Cross, Kasturinagar, Bangalore 560 043.

165. Sujit Khamari, Son of R. Khamari, Aged about 36 years, #407, 5 th Floor, Abhudaya –II, Celebrity Road, Doddathongur, E-City, Phase 1, Bangalore 560 100.

166. Manoj Kumar Rakesh, Son of RK Singh, Aged about 46 years, Flat No.1, Maitry Residency, Plot No.3/291/1, Kalkere Main Road, NRI Layout, Bangalore.

167. Prasad Korwarkar, Son of K. Prabhanjanath, Aged about 33 years, No.81/1, First Floor, ITI Layout, 6 th Cross, 1st Phase, J.P.Nagar, 39

Bangalore 560 078.

168. Ravindra Nagraj, Son of R. Nagraj, Aged about 32 years, No.3646, ground floor, 13F Main, HAL 2 nd Stage, Indira Nagar, Bangalore 560 008.

169. Sudhir Kumar Chakravarty, Son of S.K.Chakravarty, Aged about 63 years, No.443, 5 th Block, 8th Main, 2 nd Cross, HBR Layout, Bangalore 560 043.

170. Subhir Kumar Chakravarty, Represented by GPA Holder Sudhir Kumar Chakravarty, Son of Sudhir K Chakravarty, Aged about 35 years, No.443, 5 th Block, 8th Main, 2 nd Cross, HBR Layout, Bangalore 560 043.

171. Promod T.P., Son of Prabhakaran T.K., Aged about 39 years, 138, 4 th Cross, Kuvempu Road, B. Channasandra, Banaswadi Post, Bangalore 560 043.

172. Samir Kumar Biswal, 40

Son of K.C.Biswal, Aged about 38 years, #42, 8 th Cross, Laxmi Layout, Munnekolala, Marathalli P.O., Bangalore 560 037.

173. Samiran Debnath, Son of Late Umesh Ch Debnath, Aged about 42 years, Paruhat Bazar, P.O.Katwa, District Burdwan, West Bengal 713 130.

174. Mrinmay Jana, Represented by POA Asit Barnadash, Son of Manik Lal Jana, Aged about 34 years, A-146/1, Road No.J5, Jeevan Bhima Nagar, HAL 3 rd Stage, Bangalore 560 075.

175. Avneet Anand, Wife of Surjit Singh Anand, Aged about 40 years, 306, 3A Cross, 7B Main, HRBR Layout, 1 st Block, Bangalore 560 043.

176. V. Sankara Vijayan, Son of Late Venkatasubramanian, Aged about 50 years, 173/B, 4 th Block, 7 th Main, Rajjinagar, 41

Bangalore 560 010.

177. Gowri Mohan, Aged about 45 years, Daughter of R. Ramesh, #28, 1 st Cross, Satyam Street, Munnekolala, Marathahalli, Bangalore 560 037.

178. Kavitha .R, Aged about 42 years, Daughter of Late R. Ramappa, 71, 3 rd Cross, Shivaramaiah Layout, St.Thomas Town Post, Kachanakanahalli, Bangalore 560 043.

179. Rivu Das, Aged about 37 years, Son of Kanupada Das, A-108, Silver Pearl, Beside KSRP Campus, Hosa Road, Bangalore 560 100.

180. Jahangir Shaikh, Aged about 38 years, 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, Aged about 45 years, Son of A.G.Prabhakaran, C/o. Adv. Anupama Sudhan Thushara, Varandarapilly PO, Thrissur District, Kerala.

182. Anik Kumar Chakravorty, Aged about 33 years, 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, , 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, 17 th 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, 2 nd and 3 rd 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, Aged about 37 years,

8. Rajesh Bhadur Chopra, Son of Prem Sagar Chopra, Aged about 49 years,

9. Sanjay Mukherjee, Son of S.K.Mukherjee, Aged about 63 years,

10. Ajay Gupta, Son of Banwarilal Agarwal, 44

Aged about 57 years,

11. P.C. Roy Ghatak, Son of S.K.Roy Ghatak, Aged about 62 years,

Respondent nos. 6 to 11 are At Sovereign Developers and Infrastructure Limited, No.16, 2 nd 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 5 th October 2014 vide Annexure-D and further representation dated 15 th 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