Karnataka High Court
M/S Bearys Properties And Development ... vs The Secretary on 13 February, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2024:KHC:6022-DB
RERA.A No. 3 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
RERA APPEAL NO. 3 OF 2019
BETWEEN:
M/S BEARYS PROPERTIES AND DEVELOPMENT PVT LTD.,
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT 1956,
HAVING ITS OFFICE AT "BEARYS HORIZON",
NO.21, WOOD STREET, BENGALURU - 560 025.
REPRESENTED BY ITS DIRECTOR,
MR. ABUBACKER SIDDIQUE BEARY,
SON OF LATE HAJI K MOHIDEEN BEARY,
AGED ABOUT 47 YEARS,
RESIDING AT FLAT NO.SP-1, 10TH FLOOR,
Digitally SERENE BLOCK, "HARMONY HOMES",
signed by NO.4/2, HENNUR MAIN ROAD,
CHETAN B C
Location: 3RD BLOCK, HRBR LAYOUT,
HIGH COURT KACHARAKANAHALLI,
OF
KARNATAKA BENGALURU - 560 043.
...APPELLANT
(BY SRI. APPAIAH P B.,ADVOCATE)
AND:
1. THE SECRETARY,
REAL ESTATE REGULATORY AUTHORITY,
NO.1/14, GROUND FLOOR,
SILVER JUBILEE BLOCK, UNITY BUILDING,
CSI COMPOUND, 3RD CROSS, MISSION ROAD,
BENGALURU - 560 027.
-2-
NC: 2024:KHC:6022-DB
RERA.A No. 3 of 2019
2. SRI. RAZIN. K.I.M,
SON OF SRI PERODY IBRAHIM,
AGED ABOUT 30 YEARS,
RESIDING AT RAUNAQ VILLA,
OPP. NGO UNION OFFICE,
ITI ROAD, VIDYANAGAR,
KASARGOD - 671 123.
KERALA STATE.
...RESPONDENTS
(BY SRI.RAJASHEKAR K., ADVOCATE FOR R1;
SRI.RANJAN KUMAR K.,ADVOCATE FOR R2)
THIS RERA APPEAL IS FILED UNDER SECTION 58 OF THE
REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
PRAYING TO A) CALL FOR THE RECORDS IN COMPLAINT
NO.CMP/180619/0000929 ON THE FILE OF THE AJUDICATING
OFFICER, REAL ESTATE REGULATORY AUTHORITY, KARNATAKA
AT BENGALURU AND RERA APPEAL NO.69/2018 ON THE FILE
OF THE KARNATAKA APPELLATE TRIBUNAL, AT BENGALURU
AND ETC.,
THIS RERA APPEAL COMING ON FOR FINAL HEARING,
THIS DAY, KRISHNA S. DIXIT.J., DELIVERED THE
FOLLOWING:
JUDGEMENT
This appeal seeks to call in question the Karnataka
Appellate Tribunal's order dated 13.9.2019 entered in
RERA.A.No.69/2018 whereby, the order dated 8.8.2018
made by 1st respondent-RERA on complaint
No.CMP/180619/0000929 has been affirmed.
II. Now both the sides have filed a Joint Memo
dated 3.2.2024 whereby they have entered into a
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compromise to put an end to the subject lis once for all.
The said Joint Memo reads as under:
"JOINT MEMO OF APPELLANT AND RESPONDENT
No.2
The Appellant and 2nd Respondent respectfully submit as
follows:
1. The above appeal is filed challenging the Judgment dated
13/09/2019 passed by the Karnataka Real Estate
Appellate Tribunal, in RERA Appeal No.69/2018,
upholding the Order dated 08/08/2018 passed by the
Adjudicating Officer, Real Estate Regulatory Authority,
Karnataka, at Bengaluru, in Complaint No.
CMP/180619/0000929 filed by the 2nd Respondent
against the Appellant.
2. The Appellant and 2nd Respondent in the above case
have settled the dispute amongst themselves with the
intervention of well-wishers and family members. The
Appellant has agreed to pay an amount of Rs.7,75,000/-
(Rupees Seven Lakhs Seventy-Five Thousand only) to the
2nd Respondent in full and final settlement of the 2nd
Respondent's claim. The 2nd Respondent has consented
for the same.
3. The Appellant has deposited:
a) an amount of Rs. 1,64,000/- (Rupees One Lakh Sixty-
Four Thousand only) before the Chairman, Real Estate
Regulatory Authority, Karnataka, at the time of filing
RERA Appeal No.69/2018 before the Karnataka Real
Estate Appellate Tribunal from which the above appeal
arises; and
b) an amount of Rs.5,51,534/- (Rupees Five Lakhs Fifty-
One Thousand Five Hundred and Thirty-Four only) before
the Registrar, Karnataka Real Estate Appellate Tribunal,
at the time of filing the above appeal.
4. The Appellant has no objection for the Real Estate
Regulatory Authority, Karnataka, to release the sum of
Rs.1,64,000/-(Rupees One Lakh Sixty-Four Thousand
only) deposited at the time of filing RERA Appeal
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No.69/2018 in favour of the 2nd Respondent towards part
payment of the agreed settlement amount and this
Hon'ble Court may be pleased to direct the Real Estate
Regulatory Authority, Karnataka, to release the said
amount in favour of the 2nd Respondent.
5. The Appellant submits that the amount of Rs.5,51,534/-
(Rupees Five Lakhs Fifty-One Thousand Five Hundred and
Thirty-Four only) in deposit before the Karnataka Real
Estate Appellate Tribunal has been invested in a fixed
deposit by the said Tribunal and with the accrued interest
as on date is Rs.6,50,212/- (Rupees Six Lakhs Fifty
Thousand Two Hundred and Twelve only). The Appellant
has no objection for the Karnataka Real Estate Appellate
Tribunal to release the sum of Rs.6,50,212/- (Rupees Six
Lakhs Fifty Thousand Two Hundred and Twelve only) in
favour of the 2nd Respondent towards the balance
payment of the agreed settlement amount and this
Hon'ble Court may be pleased to direct the Karnataka
Real Estate Appellate Tribunal to release the said amount
in favour of the 2nd Respondent.
6. The 2nd Respondent agrees that the excess amount of
Rs.39,212/- (Rupees Thirty-Nine Thousand Two Hundred
and Twelve only) received by the 2nd Respondent after
receiving the amounts in deposit as above will be repaid
to the Appellant.
7. The 2nd Respondent has no other or further claims
against the Appellant on any account whatsoever. Hence,
this Hon'ble Court may be pleased to record the above
settlement and dispose of the above appeal as settled by
consent of the parties.
8. In view of the above settlement the 2nd Respondent has
agreed to withdraw RERA Appeal No.6/2020 filed by him
against the Appellant and the same may be dismissed as
withdrawn."
III. A perusal of the Joint Memo generates confidence in
the mind of court that it is bonafide and that there is no
impediment, legal or factual, for recording the same and
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thereby, disposing off the appeal in question, rendering
the impugned orders redundant. Both the parties as well
as their advocates are also present before the court and
we interacted with them. They admit the signatures
appearing on each of the pages in the Joint Memo as being
their's.
In view of the above, this appeal is disposed off in
terms of the above Joint Memo with the above
observations.
Costs made easy.
Sd/-
JUDGE
Sd/-
JUDGE
cbc
