- 1 - HC-KAR CNR: KAHC010351502026 NC: 2026:KHC:41900 WP No. 16358 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16358 OF 2026 (GM-RES) BETWEEN: MR PRATAP JOHN PHILIP S/O LATE K.J.PHILIP, AGED ABOUT 66 YEARS, 38/5, BERLIE STREET, HOSUR ROAD, LANGFORD TOWN, BANGALORE - 560 025. …PETITIONER (BY SMT. RADHIKA M.,ADVOCATE) AND: 1. UNION OF INDIA THE SECRETARY MINISTRY OF FINANCE, KARTAVYA BHAVAN-1, NEW DELHI - 110 001 2. NATIONAL HOUSING BOARD MANAGING DIRECTOR CORE-SA, INDIAN HABITAT CENTER, LODHI ROAD, NEW DELHI-110 003 3. RESERVE BANK OF INDIA GOVERNOR NO.6, SANSAD MARG, NEW DELHI - 110 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010351502026 NC: 2026:KHC:41900 WP No. 16358 of 2026 4. M/S TRANSUNION CIBIL LIMITED REGISTERED UNDER THE CREDIT INFORMATION COMPANIES (REGULATION ACT,) REP BY BHAVESH JAIN, THE MANAGING DIRECTOR & CEO LIMITED ONE WORLD CENTER, 19TH FLOOR TOWER 2A, 2B, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI - 400 013. 5. M/S OZONE URBANA INFRA DEVELOPERS PVT LTD REGISTERED UNDER THE COMPANIES ACT, 1956 REP BY DR. S VASUDEVAN, THE CHAIRMAN & MANAGING DIRECTOR, NO.38, ULSOOR ROAD, BANGALORE - 560 042. 6. M/S HOUSING DEVELOPMENT FINANCE CORPORATION LTD REGISTERED UNDER THE COMPANIES ACT, 1956 REP BY SASHILDHAR JAGADISAN, THE CEO & MANAGING DIRECTOR 169 BACKBAY RECLAMATION, MUMBAI - 400 020 HAVING ITS BRANCH OFFICE AT NO.51, HDFC HOUSE KASTURBA ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SMT. POOJAPPA J.,ADVOCATE FOR R1; SRI. UMASHANKAR S.,ADVOCATE FOR R2; SRI. MANIK B T.,ADVOCATE FOR R3; SRI. VELLANKI RAVI.,ADVOCATE FOR R4; SMT. VANDANA P L.,ADVOCATE FOR R5; SRI. FRANCIS XAVIER.,ADVOCATE FOR R6) - 3 - HC-KAR CNR: KAHC010351502026 NC: 2026:KHC:41900 WP No. 16358 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BANK TO CEASE AND DESIST FROM RECOVERING AND DEMANDING PRE-EMI AND EMI PAYMENTS FROM THE PETITIONER UNTIL THE DATE OF POSSESSION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri. Poojappa J., learned counsel accepts notice for respondent No.1. Smt. Sukanya Baliga, learned counsel accepts notice for respondent No.2. Sri. Pradeep Sawkar, learned counsel accepts notice for respondent No.3. Sri. Vellanki Ravi., learned counsel accepts notice for respondent No.4. 2. Since respondent No.5 is in insolvency proceedings, arraying of respondent No.5 as a party is wrong. Hence, no notice is issued to respondent No.5. 3. Sri. Francis Xavier, learned counsel accepts notice for respondent No.6. - 4 - HC-KAR CNR: KAHC010351502026 NC: 2026:KHC:41900 WP No. 16358 of 2026 4. The petitioner is before this Court seeking for the following reliefs: " a) Issue an appropriate writ, order or direction in the nature of writ of mandamus or any other direction, directing the respondent bank to cease and desist from recovering and demanding Pre-EMI and EMI payments from the petitioner until the date of possession. b) Issue a writ of mandamus or any other direction, directing the respondent bank to refund the Pre-EMI and EMI payments paid by the petitioner. c) Issue a writ in the nature of mandamus or any other writ directing the respondent bank and respondent No.4 to correct the CIBIL score of the petitioner. d) Issue a writ in the nature of mandamus or any other writ directing the respondent bank to not take any coercive action against the petitioner under the SARFAESI act. e) Issue appropriate writ, direction or order directing the RBI & NHB to inquire or appoint a committee to inquire the connivance of Respondent Bank with Respondent Developer in relation to disbursement of Loan amount without verifying the construction work or due diligence of the Respondent Developer; f) Issue appropriate writ, direction or order directing the RBI & NHB to instruct all the banks/financial institution/non-banking financial companies restructure all loan accounts availed by the petitioner on its projects to protect the interest of home buyers; g) Issue appropriate order or direction against Respondent bank for violating the rules and regulations laid down by the Respondent No. 1 and 2 as regulator for the banking sector; h) Pass a restraining order to any person who was a Director or Managing Director of the Respondent - 5 - HC-KAR CNR: KAHC010351502026 NC: 2026:KHC:41900 WP No. 16358 of 2026 Developer/Builder since the launching of the Project as well as the present Directors or Managing Director shall not leave the country without prior permission of this Hon'ble Court; and i) Issue such other writ, order or direction as deemed fit in the circumstances of the case in the interest of justice and equity. " 5. " 5. Respondent No.5 has been admitted to the insolvency proceedings and the same is pending before the National Company Law Tribunal ('NCLT' for short) in CP(IB) No.119/BB/2021. 6. Reserving liberty to the petitioner to approach the NCLT in those proceedings making its claim as also to seek for relief sought for in the present petition, the Writ Petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE PHM List No.: 1 Sl No.: 4