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High Court of Karnataka · body

2026 DAILYLAW 25975 (KAR)

PARKWAY HOLDINGS PVT. LTD. v. MRG REALTORS LLP

WP/22283/2025 · 2026-06-23

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21874 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 21869 OF 2025 (GM-CPC) WRIT PETITION NO. 21872 OF 2025 (GM-CPC) WRIT PETITION NO. 21885 OF 2025 (GM-CPC) WRIT PETITION NO. 21888 OF 2025 (GM-CPC) WRIT PETITION NO. 21908 OF 2025 (GM-CPC) WRIT PETITION NO. 21909 OF 2025 (GM-CPC) WRIT PETITION NO. 21910 OF 2025 (GM-CPC) WRIT PETITION NO. 21911 OF 2025 (GM-CPC) WRIT PETITION NO. 21912 OF 2025 (GM-CPC) WRIT PETITION NO. 21967 OF 2025 (GM-CPC) WRIT PETITION NO. 22116 OF 2025 (GM-CPC) WRIT PETITION NO. 22130 OF 2025 (GM-CPC) WRIT PETITION NO. 22233 OF 2025 (GM-CPC) WRIT PETITION NO. 22258 OF 2025 (GM-CPC) WRIT PETITION NO. 22281 OF 2025 (GM-CPC) WRIT PETITION NO. 22283 OF 2025 (GM-CPC) WRIT PETITION NO. 22315 OF 2025 (GM-CPC) WRIT PETITION NO. 22664 OF 2025 (GM-CPC) WRIT PETITION NO. 26658 OF 2025 (GM-CPC) WRIT PETITION NO. 26690 OF 2025 (GM-CPC) WRIT PETITION NO. 26767 OF 2025 (GM-CPC) IN WP No. 21874/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. …PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MRS. SHAKUNTHALA SURYAVOMSHI, AGED ABOUT 55 YEARS, D/O MR. RANGAPPA SURYAVOMSHI, 30, BASAVANNA TEMPLE STREET, OPP. KORAMANGALA POLICE STATION, KORAMANGALA 8TH BLOCK, BENGALURU - 560 095 3. ICICI BANK 4/10 MYTREE TOWER, - 3 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS BOMMANAHALLI, HOSUR MAIN ROAD, BENGALURU- 560 068 REP BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI.TEJAS S.R., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL. DIST. AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 514/2021 DISMISSING IA NO. 7 FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 21869/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS - 4 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.G.K. RAVINDRA ACHARI AGED ABOUT 51 YEARS, S/O MR. G.K.KODANDARAMACHARI #53, MAGADI MAIN ROAD BYDARAHALLI, BEHIND GOVT. SCHOOL VISHWANEEDAM BENGALURU - 560 091 3. CANARA BANK HAVING ITS HEAD OFFICE AT J C ROAD, BENGALURU-560 002 ALSO AT: RETAIL ASSET HUB M.G.ROAD BENGALURU-560 001 ...RESPONDENTS (BY SRI. TEJAS S R.,ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 485/2021 DISMISSING IA NO. 7 FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 21872/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., - 5 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.KANAKARAJ B.R., AGED ABOUT 39 YEARS, S/O MR.RAMACHANDRAPPA, NO. BETTAKOTE, BENGALURU RURAL, BENGALURU -562 129 3. CANARA BANK HAVING ITS HEAD OFFICE AT J.C. ROAD, BENGALURU -560 002. ALSO AT: - 6 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS RETAIL ASSET HUB, MG ROAD, BENGALURU -560 001 ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DISTRICT BENGALURU IN COM OS NO. 356/2020 DISMISSING IA NO. 8 FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 21885/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT - 7 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MRS.ARSHAD ALI MOHAMMAD BASHEER, AGED ABOUT 36 YEARS, S/O MR. M K PREM BASHEER, DILDAR MANZIL, GANDHINAGAR, MURNAD, MADIKERI-571 252. 3. ICICI BANK. NO.4/10, MYTREE TOWER, BOMMANAHALLI, HOSUR MAIN ROAD, BENGALURU-560 068 REP BY ITS BRANCH MANAGER. ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 516/20211 DISMISSING IA NO. X FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 21888/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, - 8 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR. MOHD. RASHID TAHREEM, S/O. MR. MOHAMMED KHAJA, AGED ABOUT 33 YEARS, NO.9-2-41, D/A/185, 186, COMPANY BAGH, LANGER HOUZ, GOLCONDA, HYDERABAD-500 008. 3. ICICI BANK, REGISTERED OFFICE AT ICICI BANK TOWER, NEAR CHAKLI CIRCLE, OLD PADRA ROAD, VADODARA-390 007. - 9 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS CORPORATE OFFICE AT ICICI BANK TOWER, BANDRA KURLA COMPLEX, MUMBAI-400 051 REPRESENTED BY ITS MANAGER ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL. DISTRICT AND SESSION JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU IN COM.O.S.NO.509/2021 DISMISSING IA NO.10 FILED BY THE PETITIONERS HEREIN (DEFENDANTS NO.1 AND 2 BEFORE THE TRAIL COURT) UNDER ORDER VII RULE 10 R/W 151 OF CPC, 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 21908/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP - 10 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR. ANIL JOIS M.R., AGED ABOUT 40 YEARS, S/O MR.RANGANATH M, APARTMENT NO.27, 5TH MAIN, 6TH CROSS, KEB LAYOUT, SANJAYNAGAR, BANGALORE NORTH, RMV EXTENSION, 2ND STAGE, BENGALURU-560 094 3. DEWAN HOUSING FINANCE CORPORATION LTD., (DHFL) NO. 13, (OLD NO.5) 15TH MAIN, NEAR KODAVASAMAJA, VASANTH NAGAR, BENGALURU-560 052 ALSO AT ITS REGISTERED OFFICE AT WARDEN HOUSE, 2ND FLOOR, SRI P.M.ROAD FORT MUMBAI-400 001 REPRESENTED BY ITS MANAGER ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 496/2021 DISMISSING IA NO. 10 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. - 11 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS IN WP NO. 21909/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.ANIL JOIS M.R., AGED ABOUT 44 YEARS, S/O MR.RANGANATH M., APARTMENT NO.27, 5TH MAIN, - 12 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 6TH CROSS, KEB LAYOUT, SANJYANAGAR, BANGALORE NORTH, RMV EXTENSION 2ND STAGE, BANGALORE-560 094 3. AXIS BANK LIMITED NO.45, PRESTIGE LIBRA, 1ST FLOOR, LALBAGH MAIN ROAD ABOVE PASSPORT SEVA KENDRA, BENGALURU-560 027 REPRESENTED BY ITS BANK MANAGER ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DTD 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 511/2021 DISMISSING IA NO. 10 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 21910/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) - 13 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR. MANJUNATH J M, AGED ABOUT 35 YEARS, S/O MR. MUNICHIKKAPPA, RESIDING AT NO.39, JINNAGARA, HOSKOTE, BENGALURU- 562 114 3. PNB HOUSING FINANCE LTD., HAVING ITS REGISTERED OFFICE AT 9TH FLOOR, ANTRIKSH BHAWAN, 22 KASTURABA GANDHI MARG, CONNAUGHT PLACE, NEW DELHI-110001 REPRESENTED BY ITS MANAGER ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 771/2021 DISMISSING IA NO. 7 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. - 14 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS IN WP NO. 21911/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR. MOHAMMAD WASIM M., ROS PUNDART NO-2/DP AGED ABOUT 33 YEARS, S/O MR.MOHAMMAD HUSSAIN, NO. 332, KANTHUR, MURNAD POST - 15 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS MADIKERI -571 252. ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 487/2021 DISMISSING IA NO. 14 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 21912/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT - 16 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR. B M MANJUNATH, J M, AGED ABOUT 39 YEARS, S/O MR.MUNICHIKKAPPA, NO 39, JINNAGARA, HOSKOTE, BENGALURU RURAL-562 114 3. STATE BANK OF INDIA T G EXTENSION, K R ROAD, HOSKOTE, BENGALURU -562 114 ...RESPONDENTS (BY SRI.TEJAS S.R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DISTRICT BENGALURU IN COM OS NO. 476/2021 DISMISSING IA NO. 7 FILED BY THE PETITIONERS HEREIN DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 21967/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA - 17 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.AJAY KUMAR YADAV, AGED ABOUT 36 YEARS, S/O MR.VENUGOPAL, NO.29-A, 1ST FLOOR, 2ND MAIN, YESHWANTHPUR, BENGALURU 560 022. 3. M/S.HINDUJA HOUSING FINANCE LTD., OFFICE AT NO.27 A, DEVELOPED INDUSTRIAL AREA, GUINDY, CHENNAI - 600 032 REPRESENTED BY ITS AUTHORIZES OFFICER ...RESPONDENTS (BY SRI.TEJAS, ADVOCATE FOR C/R1 SRI.CHANDRASHEKAR B.N., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF - 18 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DTD 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO.490/2021 DISMISSING IA NO. 8 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 22116/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS - 19 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR. ANIL JOIS M R, S/O. MR. RANGANATH, AGED ABOUT 40 YEARS, NO. 27, 5TH MAIN, 6TH CROSS, KEB LAYOUT, SANJAY NAGAR, BENGALURU NORTH, RMV EXTENSION, 2ND STAGE, BENGALURU-560 094. 3. INDIA BULLS HOUSING FINANCE LTD., PLOT NO.87, 6, RICHMOND ROAD, SHANTHALA NAGAR, RICHMOND TOWN, BENGALURU-560 025 ALSO AT ITS REGISTERED OFFICE AT M62 AND 63, FIRST FLOOR, CONNAUGHT PLACE, NEW DELHI-110 001, REPRESENTED BY ITS MANAGER 4. CMF ASSET RECONSTRUCTION PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT A/3 5TH FLOOR SAFAL PROFITAIRE, NEAR PRAHLAD NAGAR GARDEN AHMEDABAD GUJARATH -380 015 REP. BY ITS MANAGING DIRECTOR (ASSET RECONSTRUCTION COMPANY) ALSO AT 1ST FLOOR, WAKEFIELD HOUSE SPROT ROAD, BALLARD ESTATE FORT MUMBAI -400 038 REP. BY ITS MANAGER ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE AND SRI.GEORGE JOSEPH, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: - 20 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 756/2021 DISMISSING IA NO. 14 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 22130/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL - 21 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 2. MR.GIREESHA K.T., AGED ABOUT 41 YEARS, S/O MR. THIMMEGOWDA, KODAGIHALLI (P), CHANDRASHEKARAPURA, GUBBITALUK 3. PNB HOUSING FINANCE NO. 5, MATHRUSHREE ARCADE, 100FT RING ROAD, 1ST PHASE, IIND STAGE, BTM LAYOUT, BENGALURU -560 076 ALSO AT 9TH FLOOR, ANTRIKSHBHAVAN, 22, KASTURBA GANDHI MARG, NEW DELHI -110 001 REPRESENTED BY ITS MANAGER ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1 SRI.GEORGE JOSEPH, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 513/2021 DISMISSING IA NO. X FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 22233/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR - 22 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.AJAY KUMAR YADAV, AGED ABOUT 36 YEARS, S/O.MR.VENUGOPAL, NO.29-A, FIRST FLOOR, 2ND MAIN, YESHWANTHPUR, BANGALORE -560 022 3. AXIS BANK LIMITED NO.45, PRESTIGE LIBRA, 1ST FLOOR, ABOVE PASSPORT SEVA KENDRA, BENGALURU-560 027 REPRESENTED BY ITS BRANCH MANAGER ...RESPONDENTS (BY SRI.ANIKETH B.C., A/W SRI.TEJAS S.R., ADVOCATE FOR R1) - 23 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 1046/2021 DISMISSING IA NO. 9 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 22258/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, - 24 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.ASHAD ALI MOHAMMED BASHEER, AGED ABOUT 40 YEARS, S/O MR.M.K.PREM BASHEER, DILDAARMANZIL, GANDHINAGAR, MURNAD, MADIKERI -571 252 3. DEWAN HOUSING FINANCE CORPORATION LTD., (DHFL), NO.13 (OLD NO.5), 15TH MAIN, NEAR KODAVA SAMAJA, NEAR VASANTHA NAGAR, BANGALORE -560 052 REPRESENTED BY ITS MANAGER ALSO AT ITS REGISTERED OFFICE AT WARDEN HOUSE, 2ND FLOOR, SRI P M ROAD, FORT, MUMBAI -400 001 ...RESPONDENTS (BY SRI.TEJAS S.R., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 471/2021 DISMISSING IA NO. 10 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 22281/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., - 25 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.SANGRAM NAYAKA, AGED ABOUT 41 YEARS, S/O MR.M B MARUTHI, NO.45, SANSKRITI, 1ST CROSS, SHARDA COLONY, VIDYAGIRI, DHARWAD-580 004 3. ICICI BANK, NO.1, 2ND FLOOR, - 26 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS ICICI BANK TOWERS, SHOBHA PEARL, COMMISSARIAT ROAD, BANGALORE-560 025. REPRESENTED BY ITS MANAGER ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1 SRI.JAI M. PATIL, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 493/2021 DISMISSING IA NO. 9 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 22283/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP - 27 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.ASHAD ALI MOHAMMED BASHEER, AGED ABOUT 40 YEARS, S/O MR.M.K.PREM BASHEER, DILDAARMANZIL, GANDHINAGAR, MURNAD, MADIKERI 571252. 3. DEWAN HOUSING FINANCE CORPORATION LTD (DHFL) NO.13, (OLD NO.5), 15TH MAIN, NEAR KODAVASAMAJA, VASANTH NAGAR, BANGALORE 560 052, REPRESENTED BY ITS MANAGER ALSO AT, ITS REGISTERED OFFICE AT, WARDEN HOUSE, 2ND FLOOR, SRI P.M.ROAD, FORT, MUMBAI- 400 001 ...RESPONDENTS (BY SRI.TEJAS S.R., ADVOCATE FOR C/R1 SRI. GEORGE JOSEPH, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED:24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 352/2020 DISMISSING IA NO. 9 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. - 28 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS IN WP NO. 22315/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MRS.SINDHU SARA VARGHESE, AGED ABOUT 42 YEARS, D/O.MR.VARGHESE SAM, NO.483, RIVER VALLEY ROAD, NO.11-11, VALLEY PARK, - 29 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS SINGAPORE -248 368 ALSO REPRESENTED BY HER POA HOLDER MR.DEEPAK SAM VARGHESE S/O. VARGHESE SAM, NO.696, 9 (TH) A MAIN ROAD, 1 (ST) STAGE, INDIRANAGAR, BENGALURU 560 038. 3. MRS.SARITA BASRUR VARGHESE AGED ABOUT 45 YEARS, W/O.MR.DEEPAK SAM VARGHESE NO.696, 9TH A MAIN ROAD, 1ST STAGE, INDIRANAGAR, BENGALURU - 560 038 ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE A/W SRI.GEORGE JOSEPH, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL DIST AND SESSION JUDGE DEDICATED COMMERCIAL COURT BENGALURU RURAL DIST BENGALURU IN COM OS NO. 374/2023 DISMISSING IA NO. 4 FILED BY THE PETITIONERS HEREIN (DEFENDANT NO.1 AND 2 BEFORE THE TRIAL COURT ) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. IN WP NO. 22664/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY - 30 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR.ASHAD ALI MOHAMMED BASHEER, AGED ABOUT 40 YEARS, S/O MR.M K PREMBASHEER, DILDAARMANZIL, GANDHINAGAR, MURNAD, MADIKERI- 571 252 3. AXIS BANK LIMITED NO.45, PRESTIGE LIBRA, 1ST FLOOR, ABOVE PASSPORT SEVA KENDRA, BENGALURU-560 027 REPRESENTED BY ITS LEGAL MANAGER AND AUTHORIZED OFFICER SRI RAJU L.B. ...RESPONDENTS (BY SRI.TEJAS S.R., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 24.02.2025 PASSED BY THE XITH ADDL. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL - 31 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS COURT), BENGALURU RURAL DISTRICT, BENGALURU IN COM. OS NO. 494/2021 DISMISSING IA NO. 9 FILED BY THE PETITIONERS HEREIN (DEFENDANT NOS. 1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 READ WITH SECTION 151 CODE OF CIVIL PROCEDURE 1908 PRODUCED AS ANNEXURE -A. IN WP NO. 26658/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL - 32 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 2. MR. MOHD. RASHID TAHREEN AGED ABOUT 36 YEARS, S/O.MR.MOHAMMED KHAJA, NO.9-2-41, D/A/185, 186, COMPANY BAGH, LANGER HOUZ, GOLCONDA, HYDERABAD-500 008 3. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., (HDFC LIMITED) HDFC HOUSE, NO.51, KASTURBA ROAD, BENGALURU-560 001, REPRESENTED BY ITS MANAGER COMPANY CA HOUSING FINANCE COMPANY ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO ORDER A WRIT OF CERTIORARI OR ANY OTHER WRIT/ORDER SETTING ASIDE THE ORDER DATED 24.02.2025 PASSED BY THE XITH ADDI. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU IN COM.OS.NO. 132/2022 DISMISSING IA.NO.8 FILED BY THE PETITIONERS HEREIN (DEFENDANT NOS. 1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 READ WITH SECTION 151 CODE OF CIVIL PROCEDURE, 1908 PRODUCED AS ANNEXURE A. IN WP NO. 26690/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA - 33 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MRS.R.GANGAMMA W/O.LATE MR.T.V.NAGA RESIDING AT NO.11, 7TH MAIN ROAD, DATTATRIYA NAGARA BANASHANKARI II STAGE BANGALORE -560 085 (RESPONDENT 2 TO 5 ARE THE LEGAL HEIRS OF LATE T.V.NAGA) 3. MR. PARASURAM S/O.LATE MR.T.V.NAGA RESIDING AT NO.11, 7TH MAIN ROAD, DATTATRIYA NAGARA BANASHANKARI II STAGE BANGALORE -560 085 (RESPONDENT 2 TO 5 ARE THE LEGAL HEIRS OF LATE T.V.NAGA) 4. MS.HARSHITHA - 34 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS D/O.LATE MR.T.V.NAGA, RESIDING AT NO.11, 7TH MAIN ROAD, DATTATRIYA NAGARA BANASHANKARI II STAGE BANGALORE -560 085. (RESPONDENT 2 TO 5 ARE THE LEGAL HEIRS OF LATE T.V.NAGA) 5. MR.AKSHAYKUMAR S/O. LATE MR.T.V. NAGA RESIDING AT NO.11, 7TH MAIN ROAD, DATTATRIYA NAGARA BANASHANKARI II STAGE BANGALORE -560 085 (RESPONDENT 2 TO 5 ARE THE LEGAL HEIRS OF LATE T.V.NAGA) 6. CITY UNION BANK LIMITED ADMINISTRATIVE OFFICE, NO.24-B, GANDHINAGAR, KUMBAKONAM – 612 001 (A PUBLIC SECTOR BANK) ALSO AT BANASHANKARI BRANCH NO.784, II PHASE, 7TH BLOCK, BANASHANKARI III STAGE, 100 FEET ROAD, BENGAALURU BY ITS MANAGER- 560 085 ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED 24/02/2025 PASSED BY THE XITH ADDL. DISTRICT AND SESSIONS JUDGE (DEDICATED COMMERCIAL COURT), BENGALURU RURAL DISTRICT, BENGALURU IN COM. OS NO. 856/2021 DISMISSING IA NO. 10 FILED BY THE PETITIONERS HEREIN (DEFENDANT NOS. 1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 READ WITH SECTION 151 CODE OF CIVIL PROCEDURE, 1908 PRODUCED AS ANNEXURE-A. - 35 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS IN WP NO. 26767/2025 BETWEEN: 1. PARKWAY HOLDINGS PVT. LTD., (EARLIER KNOWN AS IDEB PARKWAY HOLDINGS PVT. LTD.) HAVING ITS REGISTERED OFFICE AT 4C-121, 4TH CROSS, 2ND MAIN, KASTURINAGAR, BANGALORE 560 043 REPRESENTED BY ITS DIRECTOR MR. P.K. GAJRA 2. MR. P.K. GAJRA DIRECTOR OF PARKWAY HOLDINGS PVT. LTD. AT NO.12, SATYEN DUTTA ROAD, KOLKATA, WEST BENGAL-700 029. ...PETITIONERS (BY SRI. NITIN RAMESH, ADVOCATE FOR SRI.BHADRAVADI SIDDESWARA, ADVOCATE) AND: 1. MRG REALTORS LLP FORMERLY KNOWN AS MRG REALTORS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO. 113, "PALLAVA TERRACE" OPP. YEDIYUR LAKE, KANAKAPURA MAIN ROAD, 1ST CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE -560 082 REPRESENTED BY ITS DESIGNATED PARTNER MR. R.P. GOYAL 2. MR. ASHAD ALI MOHAMMED BASHEER AGED ABOUT 36 YEARS, S/O MR. M K PREM BASHEER, DILDAAR MANZIL, GANDHINAGAR, - 36 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS MURNAD, MADIKERI 571 252 3. HOUSING DEVELOPMENT FINANCE CORPORATION LTD., (HDFC LIMITED) HDFC HOUSE, NO.51, KASTURBA ROAD, BENGALURU -560 001. REPRESENTED BY ITS MANAGER, A HOUSING FINANCE COMPANY ...RESPONDENTS (BY SRI. TEJAS S R., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER DATED: 24.02.2025 PASSED BY THE XITH ADDL. DIST AND SESSION JUDGE (DEDICATED COMMERCIAL COURT) BENGALURU RURAL DIST BENGALURU IN COM OS NO. 499/2021 DISMISSING IA NO. 13 FILED BY THE PETITIONER HEREIN (DEFENDANT NO. 1 AND 2 BEFORE THE TRIAL COURT) UNDER ORDER VII RULE 10 R/W SECTION 151 OF CPC 1908 PRODUCED AS ANNEXURE-A. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER All these writ petitions are filed aggrieved by the order dated 24.02.2025 passed by the Commercial Court on an application that is filed under Order VII Rule 10 read with Section 151 CPC, which came to be dismissed, defendant Nos.1 and 2 are before this Court. - 37 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 2. As the plaintiffs and defendant Nos.1 and 2 are the same in all the suits, these writ petitions are disposed of by way of a common order. 3. The suit is filed seeking the relief that the sale deed purported to have been executed by defendant Nos.1 and 2 in favour of defendant No.3 are illegal, null and void and non-est in the eye of law and not binding on the plaintiff. Initially, these suits were filed before the Civil Court. After the constitution of the Commercial Courts, these matters were transferred to the Commercial Court. Before the Commercial Court, the defendant who is the petitioner herein, has taken the plea that there is an arbitration clause and the Commercial Court has no jurisdiction. That came to be rejected and he has filed a writ petition. The writ petition was also dismissed. Thereafter, the petitioners have come up with the present application stating that the Commercial Court has no jurisdiction and that came to be dismissed by the order impugned in all these writ petitions. The Commercial Court, while dismissing the application, has observed that the alleged dispute narrated in the plaint comes within the ambit of a Commercial Dispute as defined under Section 2(1)(c)(vi) of the Commercial Courts Act,2015 (For - 38 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS short ‘the Act’). Considering the same, the Court has dismissed the application. 4. Learned Counsel for the petitioners has drawn the attention of this Court to Section 2(1)(c)(vi) of the Commercial Courts Act and submits that it refers to construction and infrastructure contracts, including tenders. The declaration that the sale deed is null and void has to be necessarily declared by a Civil Court, and it does not arise out of a commercial contract between the plaintiffs and the defendants and the sale deed that is executed is in favour of defendant No.3. As such, the dispute is not a commercial dispute per se and the Commercial Court has no jurisdiction. 5. Learned Counsel appearing for the respondents/plaintiffs submits that the suits were filed in the year 2019. In the year 2021, the suits were transferred to the Commercial Court. From 2021, the defendants have been filing several applications with an intention to drag on the proceedings because the suits of the year 2019 are not concluded till date. It is submitted that it is a commercial dispute and the Commercial Court has jurisdiction. It is - 39 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS submitted that sale deeds were executed pursuant to a Joint Development Agreement. Contrary to the Joint Development Agreement, the defendants executed the sale deeds and filed the present suit seeking cancellation. In view of the same, the Commercial Court has jurisdiction to try the suits. 6. Having heard the learned counsels on either side, perused the material on record. The relief sought in the suit is the cancellation of the sale deed, which is null and void. The sale deed was executed by defendant Nos.1 and 2 in favour of defendant No.3 and defendant No.3 is not a party to the contract between the plaintiffs and the defendants. The suit is also in the form of declaratory relief. The Court has come to the conclusion that this falls under 2(1)(c)(vi) of the Act, i.e., construction and infrastructure contracts, including tenders. Looking at the allegations in the plaint, the said observation of the Court is contrary to Section 2(1)(c)(vi) of the Act. As rightly submitted by the learned counsel for the petitioners, the Civil Court is the competent court to decide this dispute between the parties. - 40 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS 7. In W.P.No.21967/2025, the third respondent has been served. In all other matters, the vakalath for Respondent No.3 has not been filed. It is submitted by the learned counsel for the plaintiffs that, since this is the plaintiffs’ suit, they are the affected party; hence, the notice to other parties is not necessary and while transferring the matters, if this Court comes to the conclusion that the matters have to be transferred, the Civil Court will issue the notice to the parties. 8. In that view of the matter, this court is passing the following ORDER i. The order passed by the Commercial Court under Order VII Rule 10 read with Section 151 CPC is set aside, and consequently, the application is allowed. The suit stands transferred to the jurisdictional Court, Bangalore Rural District. ii. The jurisdictional Court, considering the fact that these matters have been pending since 2019, shall expeditiously decide the matters. iii. These matters shall continue from the same stage. - 41 - HC-KAR NC: 2026:KHC:31207 WP No. 21874 of 2025 C/W WP No. 21869 of 2025 WP No. 21872 of 2025 AND 19 OTHERS iv. The jurisdictional Court shall not grant unnecessary adjournments to the parties. v. Accordingly, Writ Petition Nos.21874/2025, 21869/2025, 21872/2025, 21885/2025, 21888/2025, 21908/2025, 21909/2025, 21910/2025, 21911/2025, 21912/2025, 21967/2025, 22116/2025, 22130/2025, 22233/2025, 22258/2025, 22281/2025, 22283/2025, 22315/2025, 22664/2025, 26658/2025, 26690/2025 and 26767/2025 are allowed. vi. All pending I.As., in the writ petitions, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 46