Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32640 WP No. 35138 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35138 OF 2024 (GM-RES) BETWEEN:
LILY 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 …PETITIONER (BY SRI. POORNA KUMAR, ADVOCATE FOR SRI. GEORGE JOSEPH, ADVOCATE)
AND:
1. GOPAL AGARWAL SON OF SUSHIL AGARWAL, AGED ABOUT 42 YEARS, RESIDING AT MR - 506, GOLDEN BLOSSOM, OPPOSITE SRI SAI BABA ASHRAM, KADUGODI, BENGALURU - 560 067. 2. AMIT AGARWAL, SON OF SUSHIL AGARWAL, AGED ABOUT 42 YEARS,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32640 WP No. 35138 of 2024
RESIDING AT MR-506, GOLDEN BLOSSOM, OPPOSITE SRI SAI BABA ASHRAM, KADUGODI, BENGALURU - 560 067. 3. 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. 4. 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. REYNOLD DSOUZA, ADVOCATE FOR R1 AND R2;
SRI. K.V. GIRISH, ADVOCATE FOR R3, R4 - KARNATAKA REAL ESTATE APPELLATE TRIBUNAL, BENGALURU - 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-4 (VIDE ANNX-A) REQUIRING THE PETITIONER TO DEPOSIT 100 PERCENT OF THE AMOUNT AWARDED BY R-3 IN ITS ORDER DTD. 11.10.2022 IN CMP/200826/0006434 (VIDE ANNX-B) AND ETC.,
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HC-KAR NC: 2026:KHC:32640 WP No. 35138 of 2024
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.
Petitioner is before this court seeking for the following reliefs: a. Quashing Impugned Demand / Office Objection raised by Respondent No.4 (vide Annexure-A) requiring the Petitioner to deposit 100% of the amount awarded by Respondent No.3 in its Order CMP/200826/0006434 together with interest thereon as a pre-condition for entertaining the Appeal in F.R. No. 123 of 2024;
Alternatively
b. Directing Respondent No. 4 to waive off the requirement of any deposit to be made by the Petitioner for entertaining of the appeal in F.R. No. 123 of 2024;
c. Quashing the Judgment dated 11.10.2022 passed by Respondent No. 3 in CMP/200826/0006434 Annexure-B); (vide
d. To declare that the period between 07.05.2015 (Annexure In CIVIL APPORAL 5016/19 E) till 05.03.2019 (Annexure K) constituted a force majeure event disabling the Petitioner from implementing the project in view of the Orders dated 07.05.2015 (Annexure E) and 04.05.2016 (Annexure F) of the Both 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 Nos. 1 and 2 as no
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HC-KAR NC: 2026:KHC:32640 WP No. 35138 of 2024
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. Sri Poorna Kumar, learned counsel appearing for the petitioner through video conferencing submits that the above petition has been rendered infructuous since the matter before the Karnataka Real Estate Regulatory Authority has been disposed . 3. Placing his submission on record, the above petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 1 Sl No.: 35