Allowed

Puravankara Limited v. Prakash S D

Karnataka HC11 Oct 2023RERA.A/1/2022

Case brief

AI extract

What is this about?

The High Court allowed the RERA appeal filed by Puravankara Limited. The Court held that since the appellant deposited the required 70% before the Court (totaling the full sum), the order of the RERA Appellate Tribunal dated 08.10.2021 is set aside, and the matter is remitted to the Tribunal for fresh disposal.

What did the court decide?

RERA Order dated 08.10.2021 set aside; matter remitted to Karnataka Real Estate Appellate Tribunal; deposits transferred to Authority.

Puravankara Limited Vs Prakash S D — Writ and Judicial Review | Karnataka HC (2023)

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NC: 2023:KHC:37064-DB RERA.A No.1 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF OCTOBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE P.S.DINESH KUMAR AND

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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RERA APPEAL NO.1 OF 2022

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BETWEEN :

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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PURAVANKARA LIMITED HAVING ITS REGISTERED OFFICE AT NO.130/1, ULSOOR ROAD BENGALURU-560 042 REPRESENTED BY ITS AUTHORIZED SIGNATORY JATIN UJJINI C.S …APPELLANT

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(BY SHRI. K. ANANDARAMA, ADVOCATE)

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AND :

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PRAKASH S.D RESIDING AT NO.198 BRAMHA VIJAYA, 29^TH CROSS RAJAJINAGAR 2^ND STAGE BANGALORE-560 010

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THE REAL ESTATE REGULATORY AUTHORITY, KARNATAKA 2^ND FLOOR, SILVER JUBILEE BLOCK UNITY BUILDING, CSI COMPOUND 3^RD CROSS, MISSION ROAD BENGALURU-560 027 REPRESENTED BY ITS SECRETARY …RESPONDENTS

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(BY SHRI. H. MALLANAGOUDA, ADVOCATE FOR R1; SHRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R2) . . . .

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2 - NC: 2023:KHC:37064-DB RERA.A No.1 of 2022

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THIS RERA.APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE REGULATION AND DEVELOPMENT ACT 2016 R/W SECTION 100 OF THE CPC, PRAYING TO CALL FOR RECORDS IN CMP/190511/0002977 ON THE FILE OF THE ADJUDICATING OFFICER, RERA, BENGALURU, KARNATAKA AND IN APPEAL NO.(K-REAT) 371/2020 ON THE FILE OF THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BENGALURU AND ETC.,

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THIS RERA.APPEAL, COMING ON FOR HEARING , THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard Shri. K. Anandarama, learned Advocate for the appellant, Shri. H. Mallanagouda, learned Advocate for respondent No.1 and Shri. Gowthamdev C. Ullal, learned Advocate for respondent No.2.

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Shri. Anandarama submitted that the appeal before the RERA Authority has been dismissed since the appellant had not made pre-deposit of 70%. Appellant has deposited 30% before the RERA Appellate Authority and remaining 70% before this Court and prays that the appeal may be allowed and remanded to the RERA Authority for disposal in accordance with law.

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In substance appellant has deposited the entire

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sum. The amount in deposit before this Court shall be

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3 - NC: 2023:KHC:37064-DB RERA.A No.1 of 2022

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transferred to the RERA Authority to be kept in Fixed Deposit

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till disposal of the case before the RERA Authority.

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i. Appeal is allowed;

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ii. Order dated 08.10.2021 passed by the Karnataka Real Estate Appellate Tribunal, Bengaluru in Appeal No. (K-REAT) 371/2020 is set aside;

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iii. Matter is remitted to Karnataka Real Estate Appellate Tribunal for disposal in accordance with law expeditiously;

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iv. All contentions of parties are kept open.

No costs.

Sd/JUDGE

Sd/JUDGE

SPS

List No.: 1 Sl No.: 61

Puravankara Limited v. Prakash S D

Case brief

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Puravankara Limited v. Prakash S D

Case brief

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