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2025 DAILYLAW 13181 (KAR)

UNICCA EMPORIS PVT LTD v. MR. SAURABH KUMAR TAYAL

RERA.A/2/2023 · 2025-03-12

T M Nadaf, V Kameswar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE T.M.NADAF RERA APPEAL NO.2 OF 2023 C/W RERA APPEAL NO.3 OF 2023 RERA APPEAL NO.4 OF 2023 RERA APPEAL NO.5 OF 2023 RERA APPEAL NO.6 OF 2023 IN RERA APPEAL No.2/2023 BETWEEN: UNICCA EMPORIS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR SANJAY KUMAR CHOUDHARY HAVING OFFICE AT SY NO.55/P-23, THANISANDRA MAIN ROAD, BELLAHALLI CROSS BANGALORE – 560 064 …APPELLANT (BY SRI. NISHANTH A V, ADVOCATE) AND: 1. MR. SAURABH KUMAR TAYAL NO.19, 6TH FLOOR, PANKAJ MAHAL JTS MALANI MARG CHURCH GATE OPPOSITE K C COLLEGE MAHARASHTRA – 400 020 Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS 2. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK UNITY BUILDING, CSI COMPOUND 3RD CROSS MISSION ROAD BANGALORE – 560 027 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. PRASHANTH M V, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 PRAYING TO a) SET ASIDE THE ORDER DATED 15.06.2022 PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BENGALORE IN APPEAL BEARING F.R.NO.(K-REAT): 25/2022; AND b) CONSEQUENTLY SET ASIDE THE COMMON ORDER DATED 14.02.2019 IN COMPLAINT NO.CMP/180725 /0001078 AND OTHER COMPLAINTS PASSED BY THE ADJUDICATING OFFICER, RERA; . AWARD COST OF THIS APPEAL; c) AWARD COST OF THIS APPEAL. IN RERA APPEAL NO.3/2023 BETWEEN: UNICCA EMPORIS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR SANJAY KUMAR CHOUDHARY HAVING OFFICE AT SY. NO.55/P-23 THANISANDRA MAIN ROAD BELLAHALLI CROSS BANGALORE – 560 064 ...APPELLANT (BY SRI. NISHANTH A V, ADVOCATE) - 3 - NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS AND: 1. SRI. PUSHPENDRA PRATHAP SINGH NO.19, 6TH FLOOR, PANKAJ MAHAL, JTS MALANI MARG, CHURCH GATE OPPOSITE KC COLLEGE MAHARASHTRA – 400 020 2. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILING, CSI COMPOUND 3RD CROSS, MISSION ROAD BANGALORE – 560 027 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI. PRASHANTH M V, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 PRAYING TO a) SET ASIDE THE ORDER DATED 30/03/2022 PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BANGALORE IN APPEAL BEARING F.R.NO.(K-REAT); 24/2022; AND CONSEQUENTLY b) SET ASIDE THE COMMON ORDER DATED 14.02.2019 IN COMPLAINT NO.CMP/180726/0001083 AND OTHER COMPLAINTS PASSED BY THE ADJUDICATING OFFICER, RERA; c) AWARD COST OF THIS APPEAL. IN RERA APPEAL NO.4/2023 BETWEEN: UNICCA EMPORIS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR SANJAY KUMAR CHOUDHARY HAVING OFFICE AT SY NO.55/P-23 THANISANDRA MAIN ROAD - 4 - NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS BELLAHALLI CROSS BANGALORE - 560 064. ...APPELLANT (BY SRI. NISHANTH A V, ADVOCATE) AND: 1. VANDANA TAYAL NO.19, 6TH FLOOR PANKAJ MAHAL, JTS MALANI MARG CHURCH GATE OPPOSITE KC COLLEGE MAHARASHTRA – 400 020. 2. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR SILVER JUBILEE BLOCK UNITY BUILDING, CSI COMPOUND 3RD CROSS, MISSION ROAD, BANGALORE – 560 027 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI. PRASHANTH M V, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 PRAYING TO a) SET ASIDE THE ORDER DATED 30.03.2022 PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BANGALORE IN APPEAL BEARING F.R.NO.(K-REAT): 29/2022; AND CONSEQUENTLY b) SET ASIDE THE COMMON ORDER DATED 14/02/2019 IN COMPLAINT NO.CMP/180726/0001082 AND OTHER COMPLAINTS PASSED BY THE ADJUDICATING OFFICER, RERA; c) AWARD COST OF THIS APPEAL. IN RERA APPEAL NO.5/2023 BETWEEN: UNICCA EMPORIS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR - 5 - NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS SANJAY KUMAR CHOUDHARY HAVING OFFICE AT SY NO.55/P-23 THANISANDRA MAIN ROAD BELLAHALLI CROSS BANGALORE – 560 064. ...APPELLANT (BY SRI. NISHANTH A V, ADVOCATE) AND: 1. NAVIN KUMAR TAYAL NO.19, 6TH FLOOR PANKAJ MAHAL, JTS MALANI MARG CHURCH GATE OPPOSITE KC COLLEGE MAHARASHTRA – 400 020. 2. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK UNITY BUILDING, CSI COMPOUND 3RD CROSS, MISSION ROAD BANGALORE – 560 027 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI. PRASHANTH M V, ADVOCATE) THIS APPEAL IS UNDER SECTION 58 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 PRAYING TO SET ASIDE THE ORDER DATED 30.03.2022 PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BANGALORE IN APPEAL BEARING F.R.NO.(K- REAT); 27/2022; AND CONSEQUENTLY b) SET ASIDE THE COMMON ORDER DATED 14.02.2019 IN COMPLAINT NO.CMP/180725/0001074 AND OTHER COMPLAINTS PASSED BY THE ADJUDICATING OFFICER, RERA; c) AWARD COST OF THIS APPEAL. - 6 - NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS IN RERA APPEAL NO.6/2023 BETWEEN: UNICCA EMPORIS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR SANJAY KUMAR CHOUDHARY HAVING OFFICE AT SY NO.55/P-23 THANISANDRA MAIN ROAD BELLAHALLI CROSS BANGALORE – 560 064. ...APPELLANT (BY SRI. NISHANTH A V, ADVOCATE) AND: 1. PRAVIN KUMAR TAYAL NO.19, 6TH FLOOR PANKAJ MAHAL, JTS MALANI MARG CHURCH GATE OPPOSITE KC COLLEGE MAHARASHTRA – 400 020. 2. THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY 2ND FLOOR, SILVER JUBILEE BLOCK UNITY BUILDING, CSI COMPOUND 3RD CROSS, MISSION ROAD BANGALORE – 560 027 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI. PRASHANTH M V, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 58 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 PRAYING TO SET ASIDE THE ORDER DATED 30.03.2022 PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BANGALORE IN APPEAL BEARING - 7 - NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS F.R.NO.(K-REAT): 34/2022; AND CONSEQUENTLY b) SET ASIDE THE COMMON ORDER DATED 14.02.2019 IN COMPLAINT NO.CMP/180725/0001072 AND OTHER COMPLAINTS PASSED BY THE ADJUDICATING OFFICER, RERA; b) AWARD COST OF THIS APPEAL. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) The learned counsel for the appellant, has filed a memo which reads as under. He reiterates the prayer for withdrawing the appeals: “The Appellant most humbly prays that this Hon’ble Court may be pleased to permit the Appellant to withdraw the above appeal with liberty to take appropriate recourse in accordance with law. The undersigned has received instructions from the appellant to withdraw the appeal. Wherefore, the above memo may be taken on record by reserving the liberty as sought for, in the interest of justice and equity.” - 8 - NC: 2025:KHC:10537-DB RERA.A No. 2 of 2023 C/W RERA.A No. 3 of 2023 RERA.A No. 4 of 2023 AND 2 OTHERS 2. In view of the memo, the appeals are dismissed as withdrawn. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 18