VidhiSangh

Supreme Court of India · 31/03/2025

M/S FAIME MAKERS PVT. LTD. versus DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES(3), MUMBAI & ORS.

[2025] 5 S.C.R. 331 · 2025 INSC 423

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Summary

The Competent Authority under the Maharashtra Ownership of Flats Act, 1963, having rejected a housing society's first application for unilateral deemed conveyance with liberty to re-apply only after legal complications were resolved by a civil court, could not entertain a second application for unilateral assignment of leasehold rights filed within a month without those complications being resolved; the Supreme Court held that res judicata binds quasi-judicial authorities and that the unchallenged first order had attained finality.

Issues

  1. Whether the Competent Authority's order dated 22.02.2021 granted the respondent-society unconditional liberty to file a fresh application for unilateral assignment of leasehold rights, or liberty conditional on first getting the legal complications resolved by a competent civil court.
  2. Whether the Competent Authority, a quasi-judicial authority, had jurisdiction to entertain and allow a second application contrary to the findings and directions in its earlier order which had attained finality.
  3. Whether the principle of res judicata applies to and binds quasi-judicial authorities such as the Competent Authority under the 1963 Act.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 10.11.2023 set aside; writ petition allowed; Competent Authority's order dated 05.10.2021 quashed and Application No. 101 of 2021 dismissed; liberty under the order dated 22.02.2021 preserved subject to resolution of the complications before the appropriate forum; Contempt Petition (C) No. 684 of 2024 and pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 331.