- 1 - NC: 2025:KHC:4252 WP No. 17839 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 17839 OF 2024 (GM-RES) BETWEEN: MAHINDRA HOMES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: MAHINDRA TOWERS, 5TH FLOOR, DR. G. M. BHOSLE MARG, WORLI MUMBAI, MAHARASHTRA-400 018, PROJECT ADDRESS SY. NO. 39/, BANNERGHATTA MAIN ROAD, OPP. TO BPL SOFTWARE, AREKERE, BENGALURU (PIN CODE), REPRESENTED BY ITS AUTHORIZED SIGNATORY, ASSISTANT GENERAL MANAGER (LEGAL) MR. T. VIJAYAKUMAR TULASIRAMAN. …PETITIONER (BY SRI. GANAPATHY SUBBAIAH, ADVOCATE FOR SRI. NIKHILESH RAO M., ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4252 WP No. 17839 of 2024 AND: 1. THE LEARNED ADJUDICATING OFFICER KARNATAKA REAL ESTATE REGULATORY AUTHORITY, NO.1/14, GROUND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU-560 027, REPRESENTED BY THE KARNATAKA REAL ESTATE REGULATORY AUTHORITY. 2. MR. NIRAJ KUMAR MALHOTRA SON OF MR. HIRA LAL MALHOTRA, AGED ABOUT 76 YEARS. 3. MRS. ANJU MALHOTRA WIFE OF MR. NIRAJ KUMAR MALHOTRA, AGED ABOUT 71 YEARS. BOTH ARE RESIDING AT B-904, MAHINDRA WINDCHIMES, BANNERGHATTA ROAD, AREKERE, OPPOSITE TO BPL, BENGALURU-560 076. …RESPONDENTS (BY SRI. GOWTHAMDEV C ULLAL, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER (ANNEXURE-A) DATED. 30.04.2024 PASSED BY R-1 IN COMPLAINT NO. 00710 OF 2024 IN SO FAR AS IT RELATES TO THE OBSERVATIONS MADE REGARDING THE ALLEGED - 3 - NC: 2025:KHC:4252 WP No. 17839 of 2024 SEEPAGE AND ALLEGED FAULTY ELEVATORS AND DIRECTING THE PETITIONER TO PAY A COMPENSATION OF INR 5,00,000/- TOWARDS THE SAME AND INR 5,000/- TOWARDS COST OF LITIGATION TO THE R-2 AND 3 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner has filed a memo dated 29.01.2025 stating that this writ petition was required to be filed since there was no quorum in the Appellate Authority. Knowing that the Appellate Authority has now resumed, the petitioner may be permitted to approach the Appellate Authority. However, it is also pointed out that this Court has passed an interim order dated 13.09.2024, noticing the fact that the petitioner has deposited Rs.5,00,000/- before the Appellate Authority and has also paid Rs.2.15 crores to the Association of the apartment owners and therefore, an interim order was passed as prayed for. - 4 - NC: 2025:KHC:4252 WP No. 17839 of 2024 2. Learned counsel prays that the interim order may be extended for two weeks to enable the petitioner to approach the Appellate Authority and seek appropriate interim order. 3. Accordingly, the writ petition stands disposed of, reserving liberty to the petitioner to approach the Appellate Authority. 4. Interim order passed by this Court on 13.09.2024 shall stand extended for a period of two weeks. Sd/- (R DEVDAS) JUDGE TIN List No.: 1 Sl No.: 23 CT:SNN