- 1 - HC-KAR NC: 2025:KHC:48031 WP No. 35134 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35134 OF 2024 (GM-RES) BETWEEN: LALY REALTY PVT. LTD., A COMPANY UNDER THE COMPANIES ACT, 2013 HAVING OFFICE AT, A-SHOP-12, FLOOR-1, PLOT-2, A BLOCK, DATTATRAYA NIWAS, GOKHALE ROAD (SOUTH), PORTUGUESE CHURCH DADAR (W) MUMBAI - 400 028, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, MR. RAJU M., LEGAL HEAD …PETITIONER (BY SRI. GEORGE JOSEPH, ADVOCATE) AND: 1. MR. BAPPI BANIK FATHERS NAME NOTL KNOWN AGED MAJOR R/AT 5116, SOBHA CHRYSANTHEMUM THANISANDRA MAIN ROAD BENGALURU MAIN ROAD BENGALRUU URBAN KARNATAKA - 560 077. 2. KARNATAKA REAL ESTATE REGULATORY AUTHORITY, 2ND FLOOR, SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGI RAMA NAGARA, BENGALURU - 560 027 REPRESENTED BY ITS CHAIRMAN. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48031 WP No. 35134 of 2024 3. KARNATAKA REAL ESTATE APPELLATE TRIBUNAL 2ND FLOOR, SILVER JUBILEE BLOCK, 3RD CROSS ROAD, CSI COMPOUND, MISSION ROAD, SAMPANGI RAMA NAGARA, BENGALURU - 560 027 REPRESENTED BY ITS CHAIRMAN …RESPONDENTS (BY SRI. SHIVAKUMAR, ADVOCATE FOR R1; SRI. K.V. GIRISH, ADVOCATE FOR R2; R3-KARNATAKA REAL ESTATE APPELLATE TRIBUNAL- SERVED ) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED DEMAND / OFFICE OBJECTION RAISED BY R-3 (VIDE ANNX-A) REQUIRING THE PETITIONER TO DEPOSIT 100 PERCENT OF THE AMOUNT AWARDED BY R-2 IN ITS ORDER DATED 16.12.2022 IN CMP/180831/0001202 ANN-B TOGETHER WITH INTEREST THEREON AS A PRE-CONDITION FOR ENTERTAINING THE APPEAL IN F.R.NO. 127 OF 2024 PENDING BEFORE THE R-3 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) Quashing Impugned Demand / Office Objection raised by Respondent No. 3 (vide Annexure-A) requiring the Petitioner to deposit 100% of the amount awarded by Respondent No.2 in its Order dated 16.12.2022 in CMP/180831/0001202 (Annexure-B) together with interest thereon as a - 3 - HC-KAR NC: 2025:KHC:48031 WP No. 35134 of 2024 pre-condition for entertaining the Appeal in F.R. No. 127 of 2024 pending before the Respondent No.3; Alternatively A (b) Directing Respondent No.3 to waive off the requirement of any deposit to be made by the Petitioner (Annexure-A) for entertaining of the appeal in F.R. No. 127 of 2024; (c) Quashing the Impugned Order dated 29.01.2019 passed by the Respondent No.2 in CMP/180831/0001202 (vide Annexure-B); (d) To declare that the period between 07.05.2015 till 05.03.2019 constituted a force majeure event disabling the Petitioner from implementing the project in view of the Orders dated 07.05.2015 (Annexure-G) and 04.05.2016 (Annexure-H) of the Hon'ble National Green Tribunal in O.A. No. 222/2014, entitling the Petitioner to an extension of time in handing over of possession to Respondent No. 1 as no Occupation Certificate could have been issued by BBMP; and (e) pass such other or further orders as this Hon'ble Court may deem fit to grant in the circumstances of the case in the interests of justice and equity. 2. Learned counsel for the petitioner submits that the relief sought for the in this petition has been rendered infructuous. 3. Accepting the said submission, the petition is dismissed as having become infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE GJM