M/S Metropolis Fair Oaks v. Mr Rohit Arul Raj D

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 3781 OF 2024 (GM-RES) BETWEEN:

M/S. METROPOLIS FAIR OAKS REGISTERED PARTNERSHIP FIRM UNDER PARTNERSHIP ACT 1932, HAVING ITS OFFICE AT NO. 219, 9TH MAIN, 6TH SECTOR, HSR LAYOUT, NEXT TO LAWRENCE SCHOOL, BANGALORE - 560 102, REPRESENTED BY ITS MANAGING PARTNER SRI. JAYAPAL REDDY PULLANGARI S/O LATE P. VENKATA REDDY, AGED ABOUT 54 YEARS. …PETITIONER (BY SRI. SUDHAKAR G.V, ADVOCATE) AND:

¶1MR. ROHIT ARUL RAJ D AGED MAJOR, RESIDING AT NO. 640, 3RD FLOOR, KPC LAYOUT, KASAVANAHALLI, CARMALARAM POST, BANGALORE - 560 035.

¶2KARNATAKA REAL ESTATE REGULATORY AUTHORITY, NO. 1/14, GROUND FLOOR,

Location: HIGH COURT OF KARNATAKA

SILVER JUBILEE BLOCK, BEHIND UNITY BUILDING, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BANGALORE - 560 027 REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. G.S. SRINIVAS, ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10/11/2023 PASSED IN COMPLAINT NO. CMP/210306/0007756, BY THE R2 ANNEXURE-N AS ILLEGAL AND ARBITRARY AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER

The present petition is filed challenging the order passed by the second respondent (RERA) dated 10.11.2023 at Annexure-N. The reason for filing the present writ petition is that, at the relevant point in time, the Real Estate Regulatory Appellate Tribunal was not functioning. Taking note of the above said circumstances, this Court passed an interim order,

staying the impugned order, subject to the petitioner depositing a sum of Rs.15,00,000/- before this Court.

¶2The learned counsel for the petitioner states that in compliance of the interim order, the petitioner has deposited Rs.15,00,000/- before this Court. A memo dated 20.08.2025 is filed by the petitioner informing this Court that presently the Appellate Tribunal is functioning and the appeal filed by the petitioner before the Appellate Tribunal would be moved for consideration. Accordingly, seeks for disposal of this writ petition and also seeks for refund of the amount in deposit before this Court. The memo reads as follows: "The Petitioner has filed the appeal in F.R No.1/2024 before the Real Estate Regulation Appellate Tribunal by challenging the impugned order. Subsequently the Petitioner has filed this Petition for interim protection, since the tribunal was not sitting. On 19/02/2024, this Hon'ble Court granted interim order subject to deposit of Rs.15,00,000/-. The Petitioner has deposited the aforesaid amount on 19/03/2024 before this Hon'ble Court. Now the tribunal has taken up the matter for hearing. Therefore, the Petitioner seeks to withdraw the above Petition and seeks refund of Rs.15,00,000/- infavor of Petitioner and the same will be deposited before the tribunal. Hence, the same may be taken on record, in the interest of justice and equity."

Taking note of the contents of the memo, the petition is disposed of, reserving liberty to the petitioner to prosecute the

appeal already preferred before the Real Estate Regulatory Appellate Tribunal.

¶3The amount in deposit before this Court with accrued interest shall be released in favour of the petitioner.

¶4The submission of the learned counsel for the petitioner that in terms of the provisions of the RERA Act, pre-deposit for filing of the appeal would be made by the petitioner before the Tribunal.

¶5With the aforesaid observation, the petition is disposed of.

¶6Till the consideration of the application for interim relief before the Real Estate Regulatory Appellate Tribunal, the interim order granted by this Court on 19.02.2024 shall remain in force.

Sd/- (T.P.VIVEKANANDA) JUDGE

JY List No.: 1 Sl No.: 1