IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30968 OF 2024 (GM-RES)

BETWEEN:

ANAND RATHI GLOBAL FINANCE LTD., A NON BANKING FINANCE COMPANY, HAVING IT REGISTERED OFFICE AT 4TH FLOOR, SILVER METROPOLIS, JAI COACH COMPOUND, OPPOSITE BIMBISAR NAGAR GOREGOAN (EAST)

MUMBAI, MAHARASHTRA, INDIA 400063 REP, BY ITS AUTHORISED SIGNATORY, MR. ASHUTOSH GUPTA COMPANIES ACT 1956 …PETITIONER (BY SRI. THAKUR RISHABHA RAJ, ADVOCATE)

AND:

1. REAL ESTATE APPELLATE TRIBUNAL REPRESENTED BY ITS HON'BLE SECRETARY, 1/14, 2^ND FLOOR, SILVER JUBILEE BLOCK, Digitally signed UNITY BUILDING BACKSIDE, CSI COMPOUND, by SHWETHA

3^RD CROSS, MISSION ROAD, RAGHAVENDRA BENGALURU-500027 Location: HIGH COURT OF KARNATAKA 2. COMMUNE BUYERS WELFARE ASSOCIATION COMMUNE 1 APARTMENTS, 1ST FLOOR CLUB HOUSE, MARASUR, CHANDAPURA ANEKAL ROAD, ANEKAL TALUK, BENGALURU 562106 COMPANIES ACT 1956

3. COMMUNE ONE OWNERS COOPERATIVE SOCIETY LTD.

CLUB HOUSE 1 FLOOR, COMMUNE 1 APARTMENTS BUILDING, CHANDAPURA ANEKAL BUILDING, SURVEY NO. 477/4, 478/A2, 479/A AND 480/3 MARASUR VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU SOUTH - 562106 COMPANIES ACT 1956

4. COMMUNE PROPERTIES INDIA PVT LTD.

A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO. 823, GROUND FLOOR, 21ST MAIN ROAD, 8TH BLOCK, KORAMANGALA, REPRESENTED BY IT'S DIRECTOR, BANGALORE 560095 COMPANIES ACT 1956

5. PRATAP SATYANARAYANA KUNDA FOUNDER DIRECTOR AND PROMOTER OF COMMUNE PROPERTIES INDIA PVT. LTD.

RESIDING AT 8-2-703/4/P ROAD NO.12, BANJANA HILLS, HYDERABAD, TELANGANA 500034

6. RATISH KUMAR MOORTHY DIRECTOR, COMMUNE PROPERTIES INDIA PVT. LTD., RESIDING AT 820, 80 FEET ROAD, 20TH MAIN, 8TH BLOCK, KORAMANGALA, BANGALORE- 560095

7. REAL ESTATE REGULATORY AUTHORITY REPRESENTED BY ITS HON'BLE CHAIRMAN, KARNATAKA REAL ESTATE REGULATORY AUTHORITY, NO.1/14, 2ND FLOOR, SILVER JUBILEE BLOCK, UNITY BUILDING BACKSIDE, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU 560027 …RESPONDENTS (BY SRI.P.K.PRADEEP KUMAR, ADVOCATE FOR R2 & 3;

VENKATESH.R.BHAGATH, ADVOCATE FOR R4;

R1-REAL ESTATE APPELLATE TRIBUNAL SD; R5-PRATAP SATHYANARAYANA KUNDA SD;

R6-RATISH KUMAR MOORTHY SD;

R7-REAL ESTATE REGULATORY AUTHORITY SD)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / MODIFY THE OFFICE OBJECTIONS AND ORDER DTD. 27.09.2024 AT ANNX-C PASSED BY THE KARNATAKA REAL ESTATE APPELLATE TRIBUNAL IN F.R. NO. 66/2024, DIRECTING THE PETITIONER TO PRE-DEPOSIT RS.4.39 CRORES AS A PRECONDITION FOR HEARING THE APPEAL AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

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

“a. Issue a Writ or Certiorari or any other appropriate writ, order or direction to quash / modify the office objections and order dtd. 27.09.2024 at Annx-C passed by the Karnataka Real Estate Appellate Tribunal in F.R. No. 66/2024, directing the petitioner to pre-deposit Rs.4.39 crores as a precondition for hearing the appeal.

b. Issue a Writ or Certiorari or any other appropriate writ, order or direction, directing the Karnataka Real Estate Appellate Tribunal to hear the Petitioners appeal (F.R. No. 66/2024) on merits without the requirement of pre-deposit under Section 43(5) of the RERA Act.

c. Pass an interim order staying the proceedings of the Appeal (F.R. No. 66/2024) pending before Karnataka Real Estate Appellate Tribunal, pending the final disposal of this writ petition.

d. Grant any such relief(s) and orders as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.”

2. The short grievance of the Petitioner is that the Petitioner being a creditor of the promoter/developer when challenging an order dated 17.05.2024 passed by the Karnataka Real Estate Regulatory Authority (he