TANDAVA KRISHNA CHANDALURI v. PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED
CWP/35764/2025 · 2026-01-22
Sanjiv Berry
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12239 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12239 (PNJ) · dailylaw.ai ]
Judgment text
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ARCHANA ARORA 2026.01.27 09:42 I attest to the accuracy and integrity of this document
CWP-35764-2025 2 principles of natural justice as well as breaching the RBI Circulars dated 03.09.2013 (Annexure P-1), 01.07.2015 (Annexure P-2), 18.02.2022 (Annexure P- 3) and National Housing Bank Circulars dated 18.11.2013 (Annexure P-4), 01.07.2016 (Annexure P- 5)
and
19.07.2019
(Annexure
P-6); ii) Directing the Respondent No. 3 and 4 to initiate appropriate action based on the Inquiry against Respondent No.1 for violation of principles of natural justice as well as breaching the RBI Circulars dated 03.09.2013 (Annexure P-1), 01.07.2015 (Annexure P-2), 18.02.2022 (Annexure P- 3) and National Housing Bank Circulars dated 18.11.2013 (Annexure P-4), 01.07.2016 (Annexure P- 5) and 19.07.2019 (Annexure P-6); iii) Directing the Respondent No. 1 and 2 not to take any adverse action against Petitioner No. 2 in respect of the Loan Transaction Id No. 09100004473; iv) Directing the Respondent No. 1 to restore the original CIBIL score of the Petitioners; v) Directing the respondent No.1 to pay damages and costs to the petitioner homebuyers for threatening to initiate false and frivolous criminal proceedings against the Petitioners and further directing Respondent No.1 and 2 to pay legal costs to the petitioner homebuyers;”
2. From the prayer clause it is obvious that the cause of action has not arisen within the territorial jurisdiction of this Court.
3. At this juncture, learned counsel for the petitioner pointing out to the contents of paragraph 7.34 of the petition and states that he has a bona fide apprehension that respondent No.1 may, ARCHANA ARORA 2026.01.27 09:42 I attest to the accuracy and integrity of this document
CWP-35764-2025 3 with mala fide intent, initiate further criminal complaints under Section 25 of the Payment and Settlement Systems Act, 2007 and under the Negotiable Instruments Act, 1881 before the Courts at Gurugram solely with a view to harass and prejudice the petitioner.
4. This Court is afraid that a writ, order or directions cannot be issued merely on the basis of apprehension, especially when the cause of action has not arisen and that too within the territorial jurisdiction of this Court.
5.
Learned counsel for the petitioner has relied upon two decisions of the Apex Court in the cases of Kuldip Singh Vs. Subhash Chander & others decided on 28.03.2000 and State of Madhya Pradesh and another Vs. Bhailal Bhai in Civil Appeals No.362 to 377 of 1962 reported in (1964) 6 SCR 261. A bare perusal of the above judgments indicate that the Apex Court was not looking into the writ jurisdiction of High Court but the facts reveal that in both the cases, civil jurisdiction of the Civil Court and Civil Appellate Court were under consideration. The parameters of
consideration in regard to writ jurisdiction and civil courts are distinct and therefore the aforesaid two decisions have no application in the present case. More so, the petitioners are also residents of Navi Mumbai.
6. Considering the aforesaid, this Court has no manner of doubt that neither the cause of action, nor the petitioners nor the respondents lie within the territorial jurisdiction of this Court and ARCHANA ARORA 2026.01.27 09:42 I attest to the accuracy and integrity of this document
CWP-35764-2025 4 therefore the present writ petition stands dismissed with liberty to raise the cause before the appropriate forum.
(SHEEL NAGU) CHIEF JUSTICE (SANJIV BERRY) JUDGE January 22, 2026 archana Whether speaking/reasoned? : Yes/No Whether reportable? : Yes/No ARCHANA ARORA 2026.01.27 09:42 I attest to the accuracy and integrity of this document