- 1 - HC-KAR NC: 2025:KHC:44870 WP No. 27936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27936 OF 2025 (GM-RES) BETWEEN: ANAND RATHI GLOBAL FINANCE LIMITED REGISTERED UNDER RBI ACT, 1934 HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, SILVER METROPOLIS, JAI COACH COMPOUND, OPPOSITE BIMBISAR NAGAR GOREGOAN (EAST), MUMBAI, MAHARASHTRA, INDIA 400063 PHONE NO 8150833818 MAIL IDBIYAYMAHANA@RATHI.COM ALSO AT 10TH FLOOR, A WING EXPRESS ZONE BUILDING. WESTERN EXPRESS HIGHWAY ROAD, GOREGAN (EAST), MUMBAI 40063. HAVING BRANCH OFFICE AT 4TH FLOOR, BIKANER PINNACLE NO. 1, RHENIUS STREET OFF RICHMOND ROAD, BANGALORE 25 REPRESENTED BY ITS AUTHORISED SIGNATORY MANOJ H.R. …PETITIONER (BY SRI. V. SRINIVASA RAGHAVAN SR. ADVOCATE FOR SRI. K V LOKESH., ADVOCATE) AND: 1. ARYAN GOLDEN ARENA BUYERS WELFARE ASSOCIATION REPRESENTED BY ITS PRESIDENT HAKIMUDDIN TAHERI Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44870 WP No. 27936 of 2025 S/O BABU FIDAHUSSAIN DHARWALA AGED ABOUT 49 YEARS, FLAT NO. F-601, NO. 363, 11TH CROSS, 17TH MAIN, J.P NAGAR, BANGALORE 560078. ALSO AT ARYAN GOLDEN ARENA, SARJAPUR ATTIBELE ROAD, NEAR SYNDICATE BANK, SARJAPUR, BANGALORE - 562125. REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT. 1960. 2. ARYAN GOLDEN ARENA THE REAL ESTATE PROJECT REGISTERED UNDER THE PROVISIONS OF RERA HAVING ITS REGISTERED OFFICE AT ARYAN GOLDEN ARENA, SARJAPURA-ATTIBELE ROAD, NEAR SYNDICATE BANK, SARJAPURA, BENGALURU 562125. REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT. 1960. 3. M/S ARYAN HOME TEC PVT.LTD. THE PROMOTERS OF THE PROJECT ARYAN GOLDEN ARENA A PRIVATE LTD COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO. 617, 15TH CROSS, 100 FEET RING ROAD, J.P NAGAR, 6TH PHASE, BANGALORE - 560078. REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT. 1960. 4. MR. S.G BHARATH @ BHARATH REDDY AGED ADULT DIRECTOR ARYAN HOME TEC PRIVATE LIMITED. RESIDING AT NO. 87, 3RD MAIN, DOLLARS COLONY, J.P NAGAR 4TH PHASE, BENGALURU 560078 - 3 - HC-KAR NC: 2025:KHC:44870 WP No. 27936 of 2025 5. MS. RASHMI SURENDRAREDDY AGED ADULT DIRECTOR ARYAN HOME TEC PRIVATE LIMITED. RESIDING AT NO. 68, 36TH MAIN, 19TH CROSS, J.P NAGAR, 6TH PHASE, BENGALURU 560078. 6. SHRI. B.G ANJANAPPA S/O B.H GUNDAREDDY, AGED ABOUT 59 LANDLORD RESIDING AT BIDARAGUPPE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT 562107 7. MRS. KUMARI SRI PRIYA D/O B.G ANJANAPPA AGED ABOUT 29 YEARS 8. SHRI VINETH, S/O B.G ANJINAPPA AGED ABOUT 27 YEARS 9. SMT. HEMALATHA, W/O B.G ANJINAPPA AGED ABOUT 52 YEARS 10. MR. B.G KRISHNA REDDY, S/O B.G GUNDA REDDY, AGED ABOUT 68 YEARS, 11. SMT. SUSHEELAMMA W/O B.G KRISHAREDDY AGED ABOUT 60 YEARS, 12. MR. B.K NAGESH S/O B.G KRISHNAMURTHY AGED ABOUT 37 YEARS, 13. SMT. CHANDRAKALA W/O B.K NAGESH AGED ABOUT 33 YEARS, - 4 - HC-KAR NC: 2025:KHC:44870 WP No. 27936 of 2025 14. MR B.N REESHAN REDDY S/O B.K NAGESH AGED ABOUT 12 YEARS, REPRESENTED BY HIS FATHER B.K NAGESH 15. SRI. NAVEEN KUMAR S/O B.G KRISHNAREDDY, AGED ABOUT 36 YEARS, ALL THE ABOVE PERSONS ARE RESIDING AT BIDARAGUPPE VILLAGE, ATTIBELE HOBLI, BANGALORE RURAL DISTRICT-562107. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION, 1950 OF INDIA PRAYING TO QUASH THE COMPLAINT NO. CMP 1242/2024 REGISTERED UNDER SECTION 31 R/W SECTION 8 AND SECTION 17 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 PRODUCED AT ANNEXURE-D AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. I.A.No.1/2025 is allowed. The production of certified copy of Annexure-D is dispensed with. 2. Notice to the respondents are dispensed with in view of the proposed order to be passed. 3. The Petitioner is before this Court seeking for the following reliefs: - 5 - HC-KAR NC: 2025:KHC:44870 WP No. 27936 of 2025 a. Quash the Complaint No.CMP 1242/2024 registered under Section 31 R/W Section 8 & Section 17 of the Real Estate (Regulation and Development) Act, 2016 produced at Annexure-D; b. To grant such other relief/s deems fit to grant by this Hon’ble Court on the facts and circumstances of the case, in the interest of justice and equity. 4. Though various contentions have been raised in the present petition, the substantial grievance of the Petitioner is that without notice being served on the Petitioner in complaint in CMP No.1242/2024 and an opportunity of hearing being provided to the petitioner, the Real Estate Regulatory Authority, Bengaluru, Karnataka (RERA) has proceeded with the matter and posted the matter for orders on 07.11.2025. 5. A perusal of the order sheet which has been produced indicates that notice had been issued, but the order sheet does not indicate as to whether the same had been served on the Petitioner - Respondent No.26 in the said proceedings and/or if the Petitioner had been placed ex parte in the - 6 - HC-KAR NC: 2025:KHC:44870 WP No. 27936 of 2025 proceedings after service. The order sheet only indicates the presence of certain of the advocates for certain of the parties. 6. Without service of notice on the Petitioner and without placing the Petitioner ex parte, the matter could not have been proceeded with. In that view of the facts, reserving liberty to the Petitioner to file necessary application for coming on record and submitting its objections in the event of the Petitioner - Respondent No.26 therein not having been placed ex parte, the Writ Petition stands disposed. 7. The Real Estate Regulatory Authority is directed to consider such application and pass orders on the same before proceeding with orders on the main. All contentions are left open. SD/- (SURAJ GOVINDARAJ) JUDGE PRS, List No.: 1 Sl No.: 38