Anand Rathi Global Finance Ltd vs Commune 1 Buyers Welfare Association
2024 Latest Caselaw 6401 Kant

Karnataka High Court

Anand Rathi Global Finance Ltd vs Commune 1 Buyers Welfare Association on 4 March, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                              -1-
                                                            NC: 2024:KHC:9124
                                                        WP No. 592 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                            DATED THIS THE 4TH DAY OF MARCH, 2024
                                           BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                           WRIT PETITION NO.592 OF 2024 (GM-RES)
                   BETWEEN:
                   ANAND RATHI GLOBAL FINANCE LTD
                   A NON - BANKING FINANCE COMPANY
                   HAVING ITS REGISTERED OFFICE AT
                   4TH FLOOR, SILVER MEROPOLIS,
                   JAI COACH COMPOUND,
                   OPPOSITE BIMBISAR NAGAR GOREGOAN (EAST)
                   MUMBAI, MAHARASHTRA,
                   INDIA - 400 063.
                   REPRESENTED BY AUTHORIZED OFFICER
                   SUSHAS.A.M
                                                                ...PETITIONER
                   (BY SRI. RISHABHA RAJ THAKUR, ADVOCATE)
                   AND:
                   1.    COMMUNE 1 BUYERS WELFARE ASSOCIATION
                         COMMUNE 1 APARTMENTS
                         1ST FLOOR CLUB HOUSE,
Digitally signed         MARASUR CHANDAPURA - ANEKAL ROAD
by NAGAVENI              ANEKAL TALUK, BENGALURU - 562 106.
Location: HIGH
COURT OF                 NOW:
KARNATAKA                COMMUNE ONE OWNERS
                         CO OPERATIVE SOCIETY LTD.
                         CLUB HOUSE 1ST FLOOR,
                         COMMUNE 1 APARTMENTS BUILDING,
                         CHANDAPURA- ANEKAL BUILDING,
                         SURVEY NO 477/4, 478/A2,
                         479/A AND 480/3.
                         MARASUR VILLAGE, KASABA HOBLI,
                         ANEKAL TALUK, BENGALURU SOUTH - 562 106

                   2.    COMMUNE PROPERTIES INDIA PVT LTD
                         A COMPANY INCORPORATED UNDER
                             -2-
                                          NC: 2024:KHC:9124
                                        WP No. 592 of 2024




    THE PROVISIONS OF THE COMPANIES ACT 1956
    HAVING ITS REGISTERED OFFICE AT
    NO 823, GROUND FLOOR, 21ST MAIN ROAD,
    8TH BLOCK, KORAMANGALA
    BANGALORE - 560 095
    REPRESENTED BY ITS DIRECTOR.
                                       ...RESPONDENTS
     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA QUASH / MODIFY THE
PRELIMINARY ORDER DATED 07/09/2023 PASSED BY THE
HONBLE    REAL   ESTATE  REGULATORY   AUTHORITY  IN
COMPLAINT NO.CMP/210223/0007613 AND ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

Heard Sri.Rishabha Raj Thakur, learned counsel for

the petitioner.

2. The petitioner calls in question an interim order

granted by the RERA which according to the learned

counsel for the petitioner is erroneous. It is his case that

he is a registered owner of the 40 apartments in the

apartment complex and has a dispute with the second

respondent.

3. The RERA has heard the petitioners or directed

them to file written arguments and has reserved the

NC: 2024:KHC:9124

matter for its orders. Therefore, this is not the time at

which this Court would interfere and pass any order that

would stop RERA from pronouncing its judgment that too

at the instance of the petitioner who has a dispute with

the second respondent/private party.

4. It is not the case of the petitioner that the

proceedings before RERA are without jurisdiction or it has

not been heard. Therefore, the petition is rejected

reserving liberty to the petitioner to avail such remedy as

is available in law at the appropriate time before the

appropriate forum.

Sd/-

JUDGE

DR