M/S Columbia Developers Pvt. Ltd., Vs the Secretary

M/S COLUMBIA DEVELOPERS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.52/2, HEBBAGUDI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE-560 100 REPRESENTED BY ITS DIRECTOR MR. IMITIAZ FAROOQ KHAN

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…PETITIONER

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(BY SRI. CHANDPASHA.,ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE SECRETARY THE REAL ESTATE REGULATORY AUTHORITY, KARNATAKA, HAVING ITS OFFICE AT 2^ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING, CSI COMPOUND 3RD CROSS, MISSION ROAD BANGALORE-560 027

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THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE-560 009

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THE SPECIAL TAHSILDAR TAHSILDAR OFFICE TALUK ADMINISTRATION BUILDING ANEKAL, BENGALURU-562 106

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HC-KAR

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THE DEPUTY TAHSILDAR NADAKACHERI OFFICE ANEKAL MAIN ROAD JIGANI, BENGALURU-560 105

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MR. BIPLAB DAS AGED ABOUT 51 YEARS S/O SUKUMAR DAS RESIDING AT NO.D18, RS BITHI CITY CENTRE NON COMPANY HOUSING, OPP BIDISHA DURGAPUR (M CORP), BARDDHAMAN WEST BENGAL-713 216

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHERIFF., AGA FOR R1 TO R4; SRI JINITA CHATTERJEE., FOR SRI. HEMANTH N.P., ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ORDER OR DIRECTION QUASHING THE ORDER BEARING NO.M.S.C(RERA)/CR/19/25/E DATED 13.10.2025 PASSED BY THE 3RD RESPONDENT SPECIAL TAHSILDAR, BANGALORE SOUTH TALUK, BANGALORE VIDE ANNEXURE-A AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The Petitioner is before this Court seeking for the following reliefs:

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a) Issue Writ in the nature of certiorari or order or direction quashing the order bearing NO.M.S.C(RERA)/CR/19/25/E dated 13.10.2025 passed by the 3rd Respondent Special Tahsildar, Bangalore South Taluk, Bangalore vide ANNEXURE-A.

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HC-KAR

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b) Issue Writ in the nature of certiorari or order or direction quashing the order dated 20.02.2025 passed by the Karnataka Real Estate Regulatory Authority in Complaint No. 428/2024 in respect of Respondent NO.5 vide ANNEXURE-B.

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c) Issue such other reliefs as this Hon'ble court deems fit in the interest of justice and equity.

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The Petitioner had approached the Karnataka Real Estate Regulatory Authority (KRERA) to cancel the agreement of sale executed by the Petitioner in favour of Respondent No.5. Taking into consideration the various submissions, the KRERA had, vide its order dated 20.02.2025 directed the Petitioner who was the complainant therein to pay a sum of ₹ 92,02,737/- as also issued certain other directions. Challenging the same, the Petitioner had approached this Court.

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Notice having been issued, Respondents entered appearance.

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Today both the parties have filed a joint memo reflecting the settlement arrived at between them which reads under:-

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HC-KAR

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JOINT MEMO

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1. It submitted that, the petitioner and respondent no.5 agreed to settle the dispute between them amicably and close all the transactions.

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2. The present Apartment bearing flat no. 1901 i.e Schedule B property to the present petition is the subject matter of mortgage before the State Bank of India, Koramangala Branch vide loan account bearing lien or no.41978604552.

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3. It is submitted that, though there is a dispute as to the exact amount paid by the respondent no.5 and either parties have their own version, yet in order to avoid future disputes both the parties have amicably settled and decided that sum of Rs. 90,00,000/- would be paid by the builder/petitioner to the respondent no.5 as full and final settlement of the amounts paid by the purchaser/respondent no.5 including interest and damages and any other claims with respect to Apartment bearing flat no. 1901 i.e Schedule B property with respect to Purchase agreement dated 10.04.2023.

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4. It is submitted that since, there is lien of mortgage over the suit schedule B property that is Apartment bearing flat no. 1901 as stated in para no.1 of this joint memo the total loan amount shall be cleared directly to the bank by the builder and the respondent no.5 undertakes to get the lien of mortgage annulled/cancelled and removed from the encumbrance certificate.

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5. It is submitted that, a sum of Rs.50,00,000/- (Fifty Lakhs Only) is already deposited by the builder before the DEBT RECOVERY TRIBUNAL BENGALURU-II in OA no.213/2025, will on the basis of the present joint memo be permitted to be disbursed to the loan account held at State Bank Of India for realization of loan amount held at Koramangala Branch vide loan no.41978604552. account bearing

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6. It is submitted that, the balance amount of loan, as indicated by the bank will be paid directly by the builder to the bank i.e., loan account of respondent no.5, bearing account no.41978604552, held at SBI Koramangala

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HC-KAR

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Branch, within 10 days(before 21st June 2026). This amount shall be the amount as per the bank record of loan account.

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7. It is submitted that, further upon the clearance of the encumbrance and/or NOC and the Original Agreements & other Documents if any with the Bank and removal/cancellation of the mortgage entries in the record of sub registrar if any the builder shall pay the balance amount as stated below to the respondent no.5, within one week from the date of cancellation of the encumbrance.

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8. It is submitted that, after subtracting the loan amount paid by the builder the balance that remains out of 90,00,000/- (Ninety Lakhs Only) shall be paid by the way of Demand Draft drawn in favor of respondent no.5 by the petitioner/builder.

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9. It is further submitted that, both the parties declare that, there will not be any claim or counter claim against each other in respect of any issue between them including that of the schedule property. Damages, losses, tortuous claims or whatsoever, both the parties shall agree this shall be full and final settlement.

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10. It is submitted that, builder shall be liable to pay a balance amount, out of Rupees. 90,00,000/- (Ninety Lakhs Only) /-(Final Settlement Amount) after deducting the loan portion as referred to para no 7 of this memo. Petitioner is liable to pay to the respondent no.05. The builder takes responsibility to make payment to the respondent no.05.

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11. It is submitted that, in case of default by the builder to pay the sum of Rs.90,00,000/- (Ninety Lakhs Only) the respondent no.5 is entitled to reopen the case and pursue all the remedies.

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12. It is submitted that after realization of amount of Rs.90,00,000/- (Ninety Lakhs Only) the impugned order will stand annulled as decided by both the parties and same shall be unenforceable and stand quashed by virtue of directions of this Hon'ble Court and either parties shall not have any claims whatsoever. Consequently, the

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HC-KAR

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Agreement to Sell dated 10.04.2023 executed between the Petitioner and the Respondent No.5 stands cancelled.

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13. The present joint memo is been made as per the binding direction of this Hon'ble Court and the Bank shall be directed to comply with the terms of this joint memo as full amount of the loan is settled.

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In view of the settlement which has been arrived at, the order passed by the KRERA would require modification. As such, this Court passes the following:

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ORDER

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i) The Writ petition is allowed .

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ii) The order dated 20.02.2025 passed by the KRERA in Complaint No.00428/2024 will stand modified in terms of the joint memo which has been filed. There would be no requirement to make payment of any other amount than that as agreed under the joint memo.

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iii) In terms of the joint memo, one other authority who is required to carry out certain actions is the bank which has lent money, namely SBI Koramangala Branch. The SBI Koramangala Branch is also directed to act on the joint memo and the terms therein as expeditiously as possible.

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Sd/-

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(SURAJ GOVINDARAJ) JUDGE

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PRS, List No.: 1 Sl No.: 1

M/S Columbia Developers Pvt. Ltd., v. the Secretary

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M/S Columbia Developers Pvt. Ltd., v. the Secretary

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