M/S Gm Infinite Dwelling India Pvt. Ltd. Vs… — Writ and Judicial Review | Karnataka HC (2026)

M/S Gm Infinite Dwelling India Pvt. Ltd. Vs… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:9605 WP NO.11418 OF 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.11418 OF 2021 (GM-RES)

BETWEEN:

M/S GM INFINITE DWELLING INDIA PVT. LTD. HAVING REGISTERED OFFICE AT: NO.6, GM PEARL, B.T.M. LAYOUT, 1^ST STAGE, 1^ST PHASE, BENGALURU - 560 068. REP. BY ITS MANAGING DIRECTOR MR. GULAM MUSTAFA

…PETITIONER

(BY SRI. RAMA RAMACHANDRA IYER, ADVOCATE (ABSENT))

AND:

SECRETARY

REAL ESTATE REGULATORY AUTHORITY, KARNATAKA (RERA),

Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

2^ND FLOOR, SILVER JUBLI BLOCK, UNITY BUILDING, C.S.I. COMPOUND, 3^RD ROSS, MISSON ROAD, BENGALURU - 560 027.

DEPUTY COMMISSIONER BENGALURU SOUTH TALUK, KANDYA BHAVAN, K.G. ROAD, BENGALURU - 560 009.

THE SPECIAL TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD. BENGALURU - 560 009.

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NC: 2026:KHC:9605 WP NO.11418 OF 2021

HC-KAR

SURAJ KUNDOOR

S/O SUBRAMANIAN KUNDOOR, AGED ABOUT 30 YEARS, R/AT KUNDOOR HOUSE, MALAPARAMBA, CALICUT, KERALA - 673 009.

ALSO AT: NO.157 1^ST FLOOR, 9^TH MAIN, CHANDRA LAYOUT, BENGALURU - 560 040.

…RESPONDENTS

(BY SRI. SANJAY KRISHNA, ADVOCATE FOR R4; SRI. ROBER D'SOUZA, ADVOCATE FOR R1; SMT. B. SUKANYA BALIGA, AGA FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RECOVERY CERTIFICATE DATED 17.09.2019 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A; AND ETC.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

On 09.02.2026, this Court passed the following:

"ORAL ORDER

None appears for the petitioner. Learned counsel for the respondent is present.

2. By an order dated 03.06.2019, the Adjudicating Officer, RERA Bengaluru, Karnataka, upon the complaint filed by the respondent herein in Complaint No.CMP/190130/0002024, had directed the petitioner herein to pay ‘delay compensation’ in the form

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HC-KAR

of interest at 9% per annum, commencing from June’2016 on the amount received on the respective date till 30.04.2017, at the rate of 10.75% per annum, commencing from 01.05.2017 until the possession is delivered.

3. Subsequent thereof, the petitioner has addressed a letter to the Secretary, RERA on 18.03.2021, produced at Annexure-J, wherein at unnumbered paragraph No. 3 of page 2, the following is mention:

“The Company is willing to pay the correct recovery amount due and handover the possession of the Residential Apartment to the said Mr.Suraj Kundoor and that we are in process of negotiations with Mr.Suraj Kundoor to handover the possession of the Residential Apartment. However, till date, Mr.Suraj Kundoor has not come forward to take possession of the Residential Apartment.”

4. The learned counsel for the respondent submits that the order passed by the RERA has attained finality, as there is no challenge to the same. Besides, though the petitioner had undertaken to handover the possession, he has not handed over the same.

5. There is no appearance on behalf of the petitioner and the learned counsel has remained continuously absent. Even today, there is no representation.

6. As a last chance, in the interest of justice, on payment of cost of Rs.2,000/- (Rupees Two Thousand Only) payable to the High Court Legal Services Authority, Bengaluru, list this matter on 17.02.2026, making it clear that if there is no representation appropriate order, including dismissal of the petition for non-prosecution will be passed."

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Though there is a direction by this Court, even

today, there is no representation for the petitioner and even the

cost imposed on the last date of hearing is also not paid.

The petitioner is not diligent in pursuing the

petition.

Taking note of the aforesaid order, writ petition is

dismissed.

SD/(M.G.S. KAMAL) JUDGE

ARK List No.: 1 Sl No.: 2