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2026 DAILYLAW 30412 (KAR)

MR. MOLOY CHOUDHURY v. THE RESERVE BANK OF INDIA

WP/14838/2022 · 2026-07-23

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010333072022 NC: 2026:KHC:38069 WP No. 14838 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14838 OF 2022 (GM-RES) BETWEEN: MR. MOLOY CHOUDHURY S/O LATE MR JYOTISH CHANDRA CHOUDHURY AGED ABOUT 52 YEARS RESIDING AT G-3 SRINIDHI VINTAGE 8TH A MAIN, LBS NAGAR BANGALORE-560 017. …PETITIONER (BY SMT. SUCHETA MAJUMDER.,ADVOCATE(ABSENT)) AND: 1. THE RESERVE BANK OF INDIA SERVICE THROUGH THE CHAIRMAN HAVING ITS OFFICE AT P.O. BOX 901 SHAHID BHAGAT SINGH ROAD MUMBAI-400 001. 2. THE RESERVE BANK OF INDIA (KARNATAKA) SERVICE THROUGH THE REGIONAL DIRECTOR HAVING ITS OFFICE AT P O BOX 5467/10/3/8 NRUPATHUNGA ROAD BENGALURU-560 001. 3. HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT,1956 AND UNDER CONTROLLED AND SUPERVISION OF RESERVE BANK OF INDIA SERVICE THROUGH THE CHIEF EXECUTIVE OFFICER HAVING OFFICE AT HT PAREKH MARG 165-166 BACKBAY RECLAMATION CHURCHGATE MUMBAI-400 020. 4. HOUSING DEVELOPMENT FINANCE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010333072022 NC: 2026:KHC:38069 WP No. 14838 of 2022 CORPORATION LIMITED HAVING BRANCH OFFICE AT BANGALORE SERVICE THROUGH ITS MANAGER HAVING OFFICE AT NO.40 (OLD NO.1383)/1384) EAST END E MAIN ROAD JAYANAGAR, 9TH BLOCK BANGALORE-560 069. 5. TOWN AND RURAL PLANNING JOINT DIRECTOR SERVICE THROUGH ITS MEMBER SECRETARY STRR PLANNING AUTHORITY BMRDA OFFICE NO.01 ALI ASKER ROAD BANGALURU KARNATAKA-560 052. 6. THE UNION OF INDIA SERVICE THROUGH ITS UNDER SECRETARY 3RD FLOOR C WING LOK NAYAK BHAWAN, KHAN MARKET NEW DELHI-110 003. 7. SL RESIDENTIAL LAYOUT PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED AND REGISTERED UNDER COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT NO.44/1 8TH MAIN ROAD, RMV EXTENSION SADASHIVANAGAR KARNATAKA BENGALURU-560 080. REP. BY AUTHORISED OFFICERS (ITS MANAGER) 8. KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY AUTHORIZED SIGNATORY HAVING ITS OFFICE AT GROUND FLOOR NISARGA BHAVAN 7TH D CROSS THIMMAIAH SHIVANAGAR BANGALORE-560 010. 9. REAL ESTATE REGULATORY AUTHORITY SERVICE THROUGH ITS CHAIRMAN HAVING ITS OFFICE AT SILVER JUBILEE BLOCK 3RD CROSS ROAD SAMPANGI RAMA NAGARA - 3 - HC-KAR CNR: KAHC010333072022 NC: 2026:KHC:38069 WP No. 14838 of 2022 BENGALURU, KARNATAKA-560 002. …RESPONDENTS (BY SRI. S. MAHDUKAR, CGC FOR R6 (VC)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH SANCTION OF THE LOAN AGREEMENT 30.05.2020 ISSUED DTD BY THE R3 AND 4 PRODUCED AS ANNEXURE-E; DIRECT THE R3 AND 4 NOT TO DEDUCT EMI AMOUNT THROUGH ECS MANDATE FROM THE ACCOUNT OF THE PETITIONER AS THE PLAN APPROVAL BY THE R5 HAS DULY BEEN CANCELLED BY THE R5 EARLY ON 13.10.2020, 20.04.2022 AND FINALLY ON 16.06.2022 THROUGH PAPER PUBLICATION VIDE ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. On 08.07.2026, this Court passed the following: '' None appears for the petitioner. Learned counsel for respondent No.6 is present. It is made clear that, if there is no representation on the next date of hearing, appropriate orders including dismissal would be passed. List this matter on 23.07.2026.'' 2. Even today there is no representation on behalf of the petitioner. 3. Learned counsel for the respondent No.6-Union of India appearing through video conference submits that issue essentially in the matter arising out of the proceedings initiated under the Securitization and - 4 - HC-KAR CNR: KAHC010333072022 NC: 2026:KHC:38069 WP No. 14838 of 2022 Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. 4. Since, there is alternative and effective remedy provided under the SARFAESI Act. Reserving liberty to the petitioner to avail such remedy, if so advised, petition is disposed of. 5. Time consumed in prosecuting this petition shall be exempted for the purpose of limitation, if steps are initiated within a period of 30 days from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 18