" - 1 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.19521 OF 2025 (GM-RES) C/W WRIT PETITION NO.24865 OF 2025 (GM-RES) IN WP NO.19521/2025 BETWEEN: ORTIUS REAL ESTATE PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.4, FAIRLIE PLACE, KOLKATTA - 700 001 CIN NO.U45202WB2016PTC216016 ALSO HAVING BRANCH OFFICE AT FLAT NO.24, 3RD FLOOR, 5TH MAIN ROAD RMV 2ND STAGE, NEW BEL ROAD CHIKKAMARANAHALLI BENGALURU - 560 094 REPRESENTED BY ITS AUTHORISED SIGNATORY MR.HEMANT LOYALKA SON OF LATE.SANWAR MAL LOYALKA AGED ABOUT 51 YEARS …PETITIONER (BY SRI. PRASHANTH M.V.,ADVOCATE AND SRI.PRAVEEN PRABHAKAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT Printed from counselvise.com Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 KANDAYA BHAVAN BENGALURU-560009 2. THE TAHSILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN GROUND FLOOR K.G.ROAD BENGALURU- 560009 3. THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK MINI VIDHANA SOUDHA 2ND FLOOR YELAHANKA BENGALURU 4. 5. DR.K.BALARAMAN SON OF MR.V.L.KRISHNASWAMY AGED ABOUT 74 YEARS R/AT NO.559, RMV 2ND STAGE NEW BEL ROAD BENGALURU. ICICI BANK LIMITED REGISTERED OFFICE: ICICI BANK TOWER NEAR CHAKLI CIRCLE OLD PADRA ROAD, VADODARA PIN CODE: 390 007 REPRESENTED BY ITS BRANCH MANAGER HAVING OFFICE AT: LANDMARK BUILDING FOURTH FLOOR, 228A AJC BOSE ROAD KOLKATA-700 020 …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R.1 TO R.3; Printed from counselvise.com - 3 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 SRI.SANJAY H. SETHIYA, ADVOCATE FOR R.4; V/O/D 18.02.2026 RESPONDENT NO.4 HAS DIED AND STEPS TO BRING THE LRS OF THE DECEASED RESPONDENT NO.4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION PROCESS INITIATED BY THE 2ND AND 3RD RESPONDENT VIDE ANNEXURE-A IN RESPECT OF THE APARTMENT UNITS BEARING NO. A-3 AND A4, EACH OF THEM MEASURING ABOUT 2947 SQ. FT OF SUPER BUILT UP AREA (CARPET AREA-2475 SQ. FT) WITH TWO COVERED CAR PARKING SPACES ALONG WITH 630 SQ. FT. OF UNDIVIDED SHARE, RIGHT, TITLE AND INTEREST IN 'KRSNA LABURNUM' PROJECT CONSTRUCTED ON THE PROPERTY BEARING MUNICIPAL NO.28/7, MEASURING A TOTAL EXTENT OF 30,081.50 SQ. FT. CARVED OUT OF ERSTWHILE SY.NO.24/5 OF CHIKKAMARENAHALLI VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK PRESENTLY IN BBMP WARD NO.100, SANJAYA NAGAR, BENGALURU AND ETC. IN WP NO.24865/2025 BETWEEN: MR.PRATEEK PODDAR SON OF MR.DEWKI NANDAN PODDAR AGED ABOUT 44 YEARS RESIDING AT NO. 21 BELVEDERE ROAD VTC: ALIPORE, PO:ALIPORE SUB DISTRICT: CIRCUS AVENUE Printed from counselvise.com - 4 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 KOLKATA-700 027 WEST BENGAL ...PETITIONER (BY SRI. PRAVEEN PRABHAKAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN BENGALURU-560 009 2. THE TAHSILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN GROUND FLOOR K.G.ROAD BENGALURU - 560 009 3. THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK MINI VIDHANA SOUDHA 2ND FLOOR, YELAHANKA BENGALURU-560 064 4. PNB HOUSING FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT 9TH FLOOR, ANTRIKSH BHAWAN 22 KASTURBA GANDHI MARG NEW DELHI-110 001 REPRESENTED BY ITS BRANCH MANAGER HAVING OFFICE AT: 5TH FLOOR, KANKARIA MANSION PREMISES NO-7, KYD STREET KOLKATA-700 016. Printed from counselvise.com - 5 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 ...RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R.1 TO R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION PROCESS INITIATED DATED 07.11.2023 BY THE R-2 AND 3 VIDE ANNX-A IN RESPECT OF THE APARTMENT UNITS BEARING NO.B-1 AND B-2 EACH MEASURING ABOUT 2631 SQ.FT OF SUPER BUILT UP AREA (CARPET AREA-2263 SQ.FT) WITH TWO COVERED CAR PARKING SPACES ALONG WITH 630 SQ. FT. OF UNDIVIDED SHARE, RIGHT, TITLE AND INTEREST IN KRSNA LABURNUM PROJECT CONSTRUCTED ON THE PROPERTY BEARING MUNICIPAL NO.28/7, MEASURING A TOTAL EXTENT OF 30,081.50 SQ. FT. CARVED OUT OF ERSTWHILE SY.NO. 24/5 OF CHIKKAMARENAHALLI VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK PRESENTLY IN BBMP WARD NO.100, SANJAYA NAGAR, BENGALURU AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER These two captioned writ petitions are filed seeking identical reliefs and therefore, they are taken up together for disposal. 2. The petitioners in both writ petitions are aggrieved by the publication issued in a daily newspaper by Printed from counselvise.com - 6 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 respondent Nos.1 to 3 notifying the proposed auction of Apartment Units bearing Nos. A3 and A4 and Apartment Units bearing Nos. B1 and B2 in order to enforce an award. Calling in question the legality and validity of the said auction notification and the consequential steps initiated by the authorities, the petitioners have approached this Court by filing the present writ petitions seeking appropriate reliefs. 3. The petitioners in both matters do not dispute the ownership of respondent No.4 in W.P.No.19521/2025. It is the specific case of the petitioners that respondent No.4 has undertaken a residential real estate development project styled “KRSNA LABURNUM” on the said property. The project, as stated by the petitioners, comprises two basement floors, a ground floor, a mezzanine floor, twelve upper floors and a terrace floor, intended to accommodate multiple residential apartment units. 4. It is further contended by the petitioners that after registering the said project under the applicable Printed from counselvise.com - 7 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 regulatory framework, respondent No.4 intended to alienate several apartment units in favour of prospective purchasers. The petitioners, being desirous of acquiring residential units in the said project, approached respondent No.4. After negotiations and deliberations, respondent No.4 executed two Agreements to Sell dated 30.01.2017 in favour of the petitioner in W.P. No.18521/2025 in respect of residential Apartment Units bearing Nos. A3 and A4, each measuring about 2947 sq. ft. of super built-up area (carpet area of 2475 sq. ft.), together with two covered car parking spaces and 630 sq. ft. undivided share, right, title and interest in the land. 5. Respondent No.4 is also stated to have executed two Agreements to Sell dated 15.03.2017 in favour of the petitioner in W.P. No.24865/2025 in respect of residential Apartment Units bearing Nos. B1 and B2, each measuring about 2631 sq. ft. of super built-up area (carpet area of 2263 sq. ft.), along with two covered car parking spaces Printed from counselvise.com - 8 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 and 630 sq. ft. of undivided share, right, title and interest in the land. 6. The petitioners in both matters assert that under the aforesaid Agreements to Sell dated 30.01.2017 and 15.03.2017, respondent No.4 had agreed to convey the said apartment units in their favour and that the petitioners have paid the entire sale consideration in terms of the agreements executed between the parties. It is their grievance that despite having paid the entire sale consideration and having acquired contractual rights in respect of the said units, respondent Nos.1 to 3 have proceeded to initiate auction proceedings in respect of the very same apartment units for enforcement of an award, thereby seriously prejudicing the rights claimed by the petitioners under the agreements. It is in this background that the petitioners are before this Court assailing the auction proceedings initiated by the Bank. 7. Learned counsel appearing for the petitioners would place reliance on two orders passed by the Printed from counselvise.com - 9 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 Coordinate Bench of this Court in respect of similarly placed agreement holders pertaining to the very same project. Placing reliance on the said orders, learned counsel would contend that the auction proceedings initiated by respondent Nos.1 to 3 are rendered infructuous, in view of the order passed by the Division Bench of this Court in RERA Appeal No.27/2023, whereby the orders dated 07.09.2022 passed by the RERA Appellate Tribunal has been set-aside. 8. In the light of the aforesaid development, the Co-ordinate Bench while dealing with the case of similarly placed agreement holders in the very same project has taken note of the fact that once the order of the RERA Appellate Authority has been set-aside by the Division Bench, the recovery certificate based on the said order cannot be said to be in currency or enforceable. Consequently, the Co-ordinate Bench has held that in the absence of a subsisting recovery certificate, the auction Printed from counselvise.com - 10 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 proceedings initiated in respect of the properties in question cannot be sustained. 9. This Court having regard to the judgment rendered by the Division Bench in RERA Appeal No.27/2023, and the consequential setting aside of the order dated 07.09.2022 passed by the Real Estate Appellate Tribunal, is of the considered view that the very foundation on which the impugned auction proceedings were initiated no longer survives. Therefore, the auction notifications issued by respondent Nos.2 and 3 in respect of the subject apartment units cannot be sustained. 10. In that view of the matter, this Court proceeds to pass the following; ORDER (i) Both the writ petitions are allowed. (ii) The Auction Notifications dated 07.11.2023 issued by respondent Nos.2 and 3 vide Annexure-A in respect of Apartment Units bearing Nos.A3 and A4, B1 and B2 in the Printed from counselvise.com - 11 - HC-KAR NC: 2026:KHC:13875 WP No. 19521 of 2025 C/W WP No. 24865 of 2025 residential project “KRSNA LABURNUM” are hereby quashed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 3 Printed from counselvise.com "