- 1 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.9003 OF 2022 (GM-RES) C/W WRIT PETITION NO. 675 OF 2022 (GM-RES) WRIT PETITION NO. 1145 OF 2022 (GM-RES) WRIT PETITION NO. 4375 OF 2022 (GM-RES) IN W.P. No.9003/2022: BETWEEN: MRS. NISHAAT SALEEM W/O SALEEM SHERIFF AGED ABOUT 55 YEARS SHAREHOLDER OF M/S SKYLARK MANSIONS PVT LTD NO.37/21, SKYLARK CHAMBERS YELAPPA CHETTY LAYOUT ULSOOR, BANGALORE-560042. …PETITIONER (BY SRI. K.N. PHANINDRA, SR. ADV., FOR SMT. LATHA S. SHETTY, ADV.,) AND: THE SPECIAL THASILDAR KANDHYA BHAVANA KG ROAD, BANGALORE-560001. …RESPONDENT (BY SRI. MAHANTESH SHETTAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER CERTIORARI QUASHING THE IMPUGNED LETTERS DATED 20.04.2022 BEARING NO.MSC/RERA/CR/177/20202-21 VIDE ANNEXURE-A ISSUED BY THE RESPONDENT AS THE SAME IS CONTRARY TO THE SECTION 14 OF INSOLVENCY AND BANKRUPTCY ACT 2016. ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED LETTERS DATED 20.04.2022 BEARING NO.MSC/RERA/CR/228/2019-20 VIDE ANNEXURE-A1 ISSUED BY THE RESPONDENT AS THE SAME IS CONTRARY TO THE SECTION 14 OF INSOLVENCY AND BANKRUPTCY ACT 2016 & ETC. IN W.P. NO.675/2022: BETWEEN: MRS. NISHAAT SALEEM W/O SALEEM SHERIFF AGED ABOUT 55 YEARS SHAREHOLDER OF M/S SKYLARK MANSIONS PVT. LTD NO.37/21, SKYLARK CHAMBERS YELAPPA CHETTY LAYOUT ULSOOR, BANGALORE -560042. ...PETITIONER (BY SRI. K.N. PHANINDRA, SR. ADV., FOR SMT. LATHA S. SHETTY, ADV.,) AND: THE SPECIAL THASILDAR, BANGALORE NORTH TALUK KANDHYA BHAVANA, KG ROAD, BANGALORE - 560009. ...RESPONDENT (BY SRI. MAHANTESH SHETTAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATIONS DTD.27.12.2021 IN NO.MSC/RECOVERY/CR/110/2020-21 ISSUED BY THE RESPONDENT AS THE SAME IS CONTRARY TO SECTION 14 OF THE INSOLVENCY AND BANKRUPTCY CODE 2016 ANENXURE-A. ISSUE A WRIT OF CERTIORARI QUASHING THE - 3 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER IMPUGNED COMMUNICATIONS DTD.27.12.2021 IN NO.MSC/RECOVERY/CR/110/2020-21 ISSUED BY THE RESPONDENT AS ARBITRARY, ILLEGAL AND IS WITHOUT AUTHORITY OF LAW ANNEXURE-A & ETC. IN W.P. NO.1145/2022: BETWEEN: MRS. NISHAAT SALEEM W/O SALEEM SHERIFF AGED ABOUT 56 YEARS SHAREHOLDER OF M/S SKYLARK MANSIONS PVT LTD No.37/21. SKYLARK CHAMBERS, YELAPPA CHETTY LAYOUT ULSOOR, BANGALORE-560042. ...PETITIONER (BY SRI. K.N. PHANINDAR, SR. ADV., FOR SMT. LATHA S. SHETTY, ADV.,) AND: 1. THE SPECIAL THASILDAR KANDHYA BHAVANA KG ROAD, BANGALORE-560001. 2. NITIN URS S/O MR. MAHABIR URS AGED MAJOR FLAT NO.104, PLOT NO.194 2ND MAIN ROAD, 1ST CROSS A BLOCK AECS LAYOUT, KUNDANAHALLI BANGALORE-560037. ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 SRI. T.S. SURYANARAYANA, SR. ADV., FOR SRI. SRINANDAN KARTHIKEYAN, ADV., FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF - 4 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER CERTIORARI QUASHING THE IMPUGNED LETTERS ALL DTD.27.12.2021 BEARING NO.MSC/RECOVERY/CR/197/2020-21, BEARING NO. MSC/RECOVERY/CR/206/2020-21, BEARING NO.MSC/RECOVERY/CR/179(1)/2019-20, BEARING NO.MSC/RECOVERY/CR/233/2019-20, BEARING NO.MSC/RECOVERY/CR/179(3)/2019-20, BEARING NO.MSC/RECOVERY/CR/179/2020-21, BEARING NO. MSC/RECOVERY/CR/110-2020-21, BEARING NO. MSC/RECOVERY/CR/110-2020-21, BEARING NO.MSC/RECOVERY/CR/229/19-20, BEARING NO.MSC/RECOVERY/CR/230/2019-20, BEARING NO.MSC/RECOVERY/CR/223/2019-20, BEARING NO.MSC/RECOVERY/CR/220/2020-21, BEARING NO.MSC/RECOVERY/CR/200/2020-21, BEARING NO.MSC/RECOVERY/CR/179(2)/2019-20, BEARING NO.MSC/RECOVERY/CR/225/19-20, BEARING NO.MSC/RECOVERY/CR/227/2019-20, BEARING NO.MSC/RECOVERY/CR/232/2019-20, BEARING NO.MSC/RECOVERY/CR/179/2020-21 VIDE ANNEXURE-A TO A17 ISSUED BY THE RESPONDENT AS THE SAME IS CONTRARY TO THE SECTION 14 OF INSOLVENCY AND BANKRUPTCY ACT 2016 & ETC. IN W.P. NO.4375/2022: BETWEEN: MR. SALEEM SHERIFF AGED ABOUT 62 YEARS RESIDING AT 2718, ALSAQIFA GEETHANJALI LAYOUT HAL 3RD STAGE, BANGALORE - 560075. ...PETITIONER (BY SRI. K.N. PHANINDRA, SR. ADV., FOR SRI. PAVAN G.N. & SMT. BHARGAVI M, ADVS.,) AND: 1. STATE OF KARNATAKA GOVERNMENT -1, HOUSING DEVELOPMENT UNDER SECRETARY GOVERNMENT SECRETARIAT, - 5 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER VIKAS SOUDHA BENGALURU - 560001. 2. ADJUDICATING AUTHORITY REAL ESTATE REGULATORY AUTHORITY HAVING OFFICE AT: NO.1/14, GROUND FLOOR SILVER JUBLIEE BLOCK UNITY BUILDING, CSI COMPOUND 3RD CROSS, MISSION ROAD BENGALURU - 560027 REP BY SECRETARY. 3. NITIN URS S/O MAHABIR URS AGED MAJOR FLAT NO.104, PLOT NO.194 2ND MAIN, 1ST CROSS A BLOCK, AECS LAYOUT KUNDANAHALLI BENGALURU - 560037. ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 SRI. T. SURYANARAYANA, SR. ADV., FOR SRI. SRINANDAN KARTHIKEYAN, ADV., FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE COMPLAINT BEARING NO.CMP/210720/0008144 VIDE ANNEXURE-A BEFORE THE HON'BLE REAL ESTATE REGULATORY AUTHORITY, BENGALURU DATED 20.07.2021 AGAINST THE PETITIONER AS THE SAME IS IN VIOLATION TO SECTION 14 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016. DECLARE THE PROCEEDINGS BEFORE THE RERA AUTHORITY AS ARBITRARY, ILLEGAL AND BEYOND THE AUTHORITY AS IT IS IN VIOLATION TO SECTION 14 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016 & ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 6 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER ORAL ORDER IN WP.NO.9003/2022 AND WP.NO.675/2022 In WP.No.9003/2022, the petitioner has sought for a writ in the nature of certiorari to quash the impugned letters bearing Nos. MSC/RERA/CR/177/2020-21, MSC/RERA/CR/ 228/2019-20, MSC/RERA/CR/284/2020-21 all dated 20.04.2022, on the ground that they are contrary to the Section 14 of the Insolvency and Bankruptcy Code, 2016 (henceforth referred to as 'IBC' for short). He has also sought for a writ in the nature of mandamus to declare that the aforesaid letters are arbitrary, illegal and beyond authority of law. In addition, he also sought for a writ in the nature of mandamus to direct the respondent to consider the objections dated 22.04.2022. 2. (i) In WP.No.675/2022, the petitioner has sought for a writ in the nature of certiorari to quash the impugned communications bearing No.M.S.C/Recovery/CR/110/2020-21 dated 27.12.2021 issued by the respondent, on the ground that it is contrary to Section 14 of the Insolvency and Bankruptcy Code, 2016. He has also sought for a writ in the nature of - 7 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER certiorari to declare that the aforesaid letter is arbitrary, illegal and without authority of law. In addition, a writ in the nature of mandamus to consider the reply given by the petitioner company dated 06.01.2022. (ii) The petitioners in both these petitions have challenged the recovery notices issued by the respondent to enforce recovery under an order passed by the Real Estate Regulatory Authority (henceforth referred to as ‘the RERA’ for short). 3. The learned Senior Counsel for the petitioners submits that the parties before the RERA have settled the dispute, which is reported before the National Company Law Tribunal (henceforth referred to as ‘NCLT’ for short). He therefore contends that the impugned notices issued by the respondent may be set at nought. 4. A copy of the settlement arrived at before the NCLT is produced before this Court, which gives an impression that the complainants including petitioners in the above petitions before the RERA have received the amounts towards full and final settlement of all claims. - 8 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER 5. In that view of the matter, the impugned notices are liable to be quashed. Accordingly, these petitions are allowed and the notices impugned in these writ petitions are quashed. IN WP.NO.1145/2022 The petitioner has challenged the letters dated 27.12.2021 bearing No. M.S.C/ Recovery / CR / 197/2020-21, bearing No.M.S.C/ Recovery / CR / 206/2020-21, bearing No.M.S.C/ Recovery / CR / 179(1)/2019-20, bearing No.M.S.C/ Recovery / CR / 233/2019-20, bearing No. M.S.C/ Recovery / CR / 179(3) /2019-20, bearing No.M.S.C / Recovery / CR /179/2020-21, bearing No. M.S.C/ Recovery / CR /110/2020- 21, bearing No. M.S.C/ Recovery / CR / 110/2020-21, bearing No. M.S.C/ Recovery /CR / 229/19-20, bearing No. M.S.C/ Recovery / CR /230/2019-20, bearing No. M.S.C/ Recovery / CR / 223/ 2019-20, bearing No. M.S.C/Recovery/CR/220/2020- 21, bearing No.M.S.C/ Recovery / CR /bearing 200/2020-21, bearing No.M.S.C/ Recovery / CR / 179(2)/2019-20, bearing No.M.S.C/ Recovery / CR /225/19-20, bearing No. M.S.C/ Recovery / CR / 227/2019-20, bearing No. M.S.C/ Recovery / - 9 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER CR /232/2019-20, bearing No. M.S.C/ Recovery / CR /179/2020-21 issued by the respondent, on the ground that it is contrary to Section 14 of the Insolvency and Bankruptcy Code, 2016 (henceforth referred to as 'IBC 2016’). He has also sought for a writ in the nature of mandamus to declared that the aforesaid letters are arbitrary, illegal and without authority of law. In addition, a writ in the nature of mandamus has sought for to direct the respondent to consider the objections dated 06.01.2022 and pass appropriate orders. 2. (i) It appears that the respondent No.2 who had booked a flat with Skylark Mansions Private Limited was not handed over possession of the flat and therefore proceedings were initiated before the Real Estate Regulatory Authority (henceforth referred to as ‘the RERA’ for short), which after adjudicating the dispute, passed an order dated 16.07.2018 and towards recovery of the amount, the respondent No.1 had issued notices which are impugned in this petition. (ii) When this petition was listed for orders, it is stated by the learned Senior Counsel for the petitioner that the petitioner has settled the dispute with the respondent No.2 and that a - 10 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER demand draft for a sum of Rs.57,12,886/-, is handed over today towards full and final settlement of all claims of the respondent No.2. The learned Senior Counsel for the respondent No.2 acknowledges the receipt of the demand draft and agrees that the amount mentioned in the demand draft satisfies for claim of the respondent No.2 and he also agrees that a necessary memo would be filed before the RERA about the settlement of the dispute. 3. In that view of the aforesaid satisfactory compliance of respondent No.2's claim, this writ petition stands disposed off. 4. It is made clear that if the respondent No.2 does not file an appropriate memo before the RERA reporting the settlement, it is open for the petitioner to file an appropriate memo along with a copy of this order to close the proceedings. IN WP.NO.4375/2022 The petitioner has sought for quashing the complaint bearing No.CMP/210720/0008144, dated 20.07.2021 before the Real Estate Regulatory Authority (henceforth referred to as - 11 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER ‘the RERA’ for short), Bengaluru, on the ground that it is in violation of Section 14 of the Insolvency and Bankruptcy Code, 2016 (henceforth referred to as ‘the IBC, 2016’ for short). The petitioner has also sought for a declaration that the proceedings before the Real Estate Regulatory Authority is ordered to be illegal and beyond the authority as it is in violation of Section 14 of the IBC, 2016. 2. When this petition was listed for orders, it is stated by the learned Senior Counsel for the petitioner that the petitioner has handed over a demand draft for a sum of Rs.57,12,886/- towards full and final settlement of all claims of the respondent No.3. The learned Senior Counsel for the respondent No.3 acknowledges the receipt of the said demand draft and agrees to withdraw the complaint before the RERA. 3. In that view of the matter, the understanding arrived at between the petitioner, as noted above, the petition does not survive for consideration. Accordingly, subject to the respondent No.3 withdrawing the proceedings before the RERA, this writ petition stands disposed off. - 12 - HC-KAR NC: 2025:KHC:33908 WP No. 9003 of 2022 C/W WP No. 675 of 2022 WP No. 1145 of 2022 AND 1 OTHER 4. It is made clear that if the respondent No.3 does not withdraw the proceedings, it is open for the petitioner to furnish a copy of this order before the Real Estate Regulatory Authority who shall close the proceedings. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 4