- 1 - HC-KAR NC: 2026:KHC:31604 WP No. 405 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 405 OF 2026 (GM-RES) BETWEEN: 1. ABHIMANYU KUMAR SINGH S/O RAMESHWAR SINGH AGED 46 YEARS, R/AT PERMANENTLY AT DHARAMPURA SARAN, BIHAR 841 201 PRESENTLY R/AT FLAT NO. 803, TOWER-3 SWADESHI COMPLEX (OPP. JAIN TEMPLE) SWADESHI MILL ROAD, CHUNNABHATTI, SION MUMBAI, MAHARASHTRA - 400 022 2. RAKHI SINGH W/O ABHIMANYU KUMAR SINGH AGED 45 YEARS, R/AT PERMANENTLY AT DHARAMPURA SARAN, BIHAR - 841 201 PRESENTLY R/AT FLAT NO.803, TOWER-3, SWADESHI COMPLEX (OPP. JAIN TEMPLE), SWADESHI MILL ROAD, CHUNNABHATTI, SION, MUMBAI, MAHARASHTRA - 400 022 …PETITIONERS (BY SRI. CALVARI FURTADO, ADVOCATE FOR SMT. ANUSHA GANESAN, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31604 WP No. 405 of 2026 AND: 1. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED REGISTERED UNDER COMPANIES ACT 1956 REGD OFFICE AT RAMON HOUSE, 169 BACKBAY RECLAMATION, MUMBAI 400 020. BRANCH OFFICE AT 51, HDFC HOUSE, KASTURBA ROAD, BANGALORE - 560 001. 2. BRANCH MANAGER HDFC LTD, GROUND FLOOR NO.4, KODIGEHALLI MAIN ROAD, SAHAKAR NAGAR BENGALURU - 560 097. 3. OZONE URBANA INFRA DEVELOPERS PVT. LTD. INCORPORATED UNDER COMPANIES ACT, 1956 REGISTERED OFFICE AT NO. 38, ULSOOR ROAD BANGALORE - 560 042 REP BY ITS DIRECTOR …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENTS TO FORTHWITH STOP DEDUCTION OF EMIS IN RESPECT OF HOME LOAN ACCOUNT NO. 618445308 TILL COMPLETION OF CONSTRUCTION AND HANDING OVER OF POSSESSION OF THE FLAT TO THE PETITIONER. - 3 - HC-KAR NC: 2026:KHC:31604 WP No. 405 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: "a) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondents to forthwith stop deduction of EMIS deduction of EMIs, in respect of Home Loan Account No.618445308 as per Annexure- A dated 12.02.2016 till completion of construction and handing over of possession of the flat to the Petitioner; b) Declare that the action of the Respondents in disbursing the loan amount upfront under the Interest Subvention Scheme and in compelling the Petitioner to service the loan despite non- delivery of possession is illegal, arbitrary, violative of RBI Circular dated 01.07.2015 and unconstitutional; c) Issue a writ of Prohibition or appropriate direction restraining the Respondents from reporting any alleged default in respect of the said home loan account to CIBIL or any other credit information company; d) Direct the Respondents to restore and maintain the Petitioner's credit record, if already - 4 - HC-KAR NC: 2026:KHC:31604 WP No. 405 of 2026 affected, by withdrawing any adverse entries made in relation to the said loan account; e) To direct Respondent No.2 to pay EMI to Respondent No.1 as per the agreement terms and to hand over the possession of the flat on immediate basis to the Petitioners; f) To direct Respondent No.1 not to deduct EMI until the possession of the property; g) Grant an interim order pending disposal of the writ petition directing the Respondents to suspend EMI deductions and restraining them from initiating any coercive recovery measures or adverse credit reporting; h) Pass such other order or orders as this Hon'ble Court may deem fit, proper and necessary in the facts and circumstances of the case, in the interest of justice and equity." 2. Learned counsel for respondent No.1 and 2 submits that respondent No.3 has been admitted to insolvency proceedings in CP(IB) No.119/BB/2021. In that view of the matter, the NCLT being seized of all issues pertaining to respondent No.3/Company, the petitioner being a home buyer and also being a creditor, the issues raised by the home buyer would also have to be considered by the NCLT. - 5 - HC-KAR NC: 2026:KHC:31604 WP No. 405 of 2026 3. Hence, reserving liberty to the petitioners to agitate all the issues raised in the present petition before the NCLT. Hence, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 42