M/S SOBHA LIMITED v. KARNATAKA REAL ESTATE REGULATORY AUTHORITY
WP/22222/2023 · 2025-03-10
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32694 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32694 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10172 WP No. 22222 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22222 OF 2023 (GM-RES) BETWEEN:
M/S. SOBHA LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT
“SOBHA”, DEVARABISANAHALLI SARJAPURA - MARATHALLI OUTER RING ROAD BELLANDUR POST, BENGALURU - 560 103 REPRESENTED BY ITS AUTHORISED SIGNATORY SRI. PRASAD M. S., …PETITIONER (BY SRI KEMPEGOWDA, ADVOCATE) AND:
1.
KARNATAKA REAL ESTATE REGULATORY AUTHORITY NO. 1/14, 2ND FLOOR, SILVER JUBILEE BLOCK UNITY BUILDING BACKSIDE, CSI COMPOUND 3RD CROSS, MISSION ROAD BENGALURU - 560 027 REPRESENTED BY ITS SECRETARY.
2.
MR. ANIL HANDIGOL NO.32, SIRUR PARK VIDYANAGAR, HUBLI - 580 021.
3.
MRS. PRABHAVATI ANIL HANDIGOL NO. 32, SIRUR PARK
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:10172 WP No. 22222 of 2023
VIDYANAGAR, HUBLI - 580 021. …RESPONDENTS (BY SRI GOWTHAMDEV C.ULLAL, ADVOCATE FOR R1;
SRI RAVIKUMAR B. R., ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY R1 ON 17/08/2023 IN COMPLAINT NO.
CMP/210623/0008029 PRODUCED AS ANNEXURE-E TO THIS WP.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned counsel for the petitioner files a memo seeking permission to withdraw the petition.
2. The memo reads as follows:
“MEMO FOR WITHDRAWAL OF WRIT PETITION
“1. The above Writ Petition was filed before this Hon'ble Court challenging the Order dated 17.08.2023 passed by the Karnataka Real Estate Regulatory Authority in Complaint No. CMP No.210623/0008029 as the Karnataka Real Estate Appellate Tribunal, at Bengaluru, did not had the sufficient quorum on account of retirement of two of its members (i.e., Hon'ble Chairman and administrative member), and the Appeal preferred by the Petitioner could not be taken up for admission by the Single Member of the Appellate Tribunal for want of quorum.,
2. Now the Karnataka Real Estate Appellate Tribunal, is having sufficient quorum and conducting its proceedings through
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NC: 2025:KHC:10172 WP No. 22222 of 2023
its Two Members (i.e., Hon'ble Judicial Member and Administrative Member). In the above circumstances, the Petitioner seeks leave of this Hon'ble Court to withdraw the above writ petition with liberty to proceed with the Appeal filed and pending before the Karnataka Real Estate Appellate Tribunal, at Bengaluru.
WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court be pleased to dismiss the above writ petition as withdrawn reserving liberty to the petitioner to proceed with the Appeal filed by Petitioner before the Karnataka Real Estate Appellate Tribunal, at Bengaluru, challenging the order impugned in this Writ Petition, and further extend the interim
order granted in this case till consideration of stay sought in the Appeal before the Karnataka Real Estate Appellate Tribunal, in the interest of justice and equity.”
In terms of the memo, the writ petition is disposed as withdrawn.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 2 Sl No.: 3