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High CourtsSingle Bench(2025) 11 KAR CK 1783

Anand Rathi Global Finance Limited vs Aryan Golden Arena Buyers Welfare Association & Ors

Karnataka High Court, Principal Bench · Decided on 6 November 2025

HON’BLE JUDGES
Suraj Govindaraj, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 27936 OF 2025 (GM-RES)

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Judgment

10 paragraphs · 335 words

Suraj Govindaraj, J

1.

I.A.No.1/2025 is allowed. The production of certified copy of Annexure-D is dispensed with.

2.

Notice to the respondents are dispensed with in view of the proposed order to be passed.

3.

The Petitioner is before this Court seeking for the following reliefs:

a. Quash the Complaint No.CMP 1242/2024 registered under Section 31 R/W Section 8 & Section 17 of the Real Estate (Regulation and Development) Act, 2016 produced at Annexure-D;

b. To grant such other relief/s deems fit to grant by this Hon’ble Court on the facts and circumstances of the case, in the interest of justice and equity.

4.

Though various contentions have been raised in the present petition, the substantial grievance of the Petitioner is that without notice being served on the Petitioner in complaint in CMP No.1242/2024 and an opportunity of hearing being provided to the petitioner, the Real Estate Regulatory Authority, Bengaluru, Karnataka (RERA) has proceeded with the matter and posted the matter for orders on 07.11.2025.

5.

A perusal of the order sheet which has been produced indicates that notice had been issued, but the order sheet does not indicate as to whether the same had been served on the Petitioner - Respondent No.26 in the said proceedings and/or if the Petitioner had been placed ex parte in the proceedings after service. The order sheet only indicates the presence of certain of the advocates for certain of the parties.

6.

Without service of notice on the Petitioner and without placing the Petitioner ex parte, the matter could not have been proceeded with. In that view of the facts, reserving liberty to the Petitioner to file necessary application for coming on record and submitting its objections in the event of the Petitioner - Respondent No.26 therein not having been placed ex parte, the Writ Petition stands disposed.

7.

The Real Estate Regulatory Authority is directed to consider such application and pass orders on the same before proceeding with orders on the main. All contentions are left open.