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TEJINDER SINGH DHINDSA, SANJIV BERRY
Fermina Developers Pvt. Ltd. – Appellant
Versus
Indiabulls Housing Finance Limited – Respondent
| Table of Content |
|---|
| 1. challenge to recall notice and termination of repayment structure. (Para 1 , 2) |
| 2. arguments against maintainability of writ petition. (Para 3 , 4) |
| 3. discussion on the nature of payments made. (Para 5 , 6) |
| 4. maintainability issues under article 226. (Para 7 , 8 , 9) |
| 5. arguments regarding statutory responsibilities of respondents. (Para 10 , 11) |
| 6. public function test for writ jurisdiction. (Para 12 , 13 , 14) |
| 7. rationale on regulatory considerations of private entities. (Para 15 , 16) |
| 8. nature of the repayment agreement. (Para 17 , 18) |
| 9. conclusion on non-applicability of public duties. (Para 19 , 20) |
| 10. judicial interpretation on alternate remedies under the act. (Para 21 , 22 , 23) |
| 11. acknowledgment of statutory remedies utilized. (Para 24 , 25 , 26) |
| 12. final dismissal and comments on merits. (Para 27 , 28 , 29 , 30 , 31) |
JUDGMENT
Tejinder Singh Dhindsa, J.
Challenge in the instant petition is to the recall notice dated 10.11.2022 (Annexure P-7) issued by the respondent-Indiabulls Housing Finance Limited whereby a Repayment Structure/OTS letter dated 01.09.2021 (Annexure P-2) stands terminated. Further challenge is to the notice dated 19.12.2022 issued under Secti
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