09 August 2024 Civil Revision >> Civil & Consumer Law  

In a recent legal development of Mahesh K. Mehta v/s The Bharatiya Friend's Co-Operative Housing Society Ltd., Mumbai & Others, a review petition was filed seeking to recall or modify an order issued by the court on February 20, 2024. The original judgment dismissed a writ petition primarily challenging the actions of a Co-operative Housing Society that had barred the petitioner from renting out a flat for paying guests. The petitioner's grievance was that the Society's decision infringed upon their rights, a contention which had been addressed across multiple legal forums.

The core issue raised in the dismissed writ petition concerned the Co-operative Housing Society's refusal to allow the petitioner to rent out rooms. This matter had been pursued by the petitioner through various legal channels, including the Consumer Disputes Redressal Forum, the Co-operative Housing Court, a Criminal Writ Petition (No. 1399 of 2016), and a Civil Writ Petition (No. 5939 of 2024). The review petition in question, Writ Petition (L) No. 23115 of 2023, was adjudicated by the court on February 20, 2024. The dismissal was grounded in the fact that similar disputes were already being considered by other forums and that a writ petition was not an appropriate remedy against a Co-operative Housing Society.

Following the dismissal, the petitioner sought relief from the Supreme Court, filing Special Leave to Appeal (C) Nos. 8543-8544 of 2024. The Supreme Court, after hearing the petitioner, declined to intervene. The Court noted that the High Court's decision to dismiss the writ petition was based on the ongoing nature of the proceedings in other forums. The Supreme Court advised the petitioner to address any alleged interference with their rights directly with the authorities overseeing the pending proceedings.

Subsequent to the Supreme Court’s order, the Co-operative Appellate Court rejected the petitioner’s review application on March 2, 2024, stating that no new facts had emerged that would warrant a reconsideration. On June 14, 2024, the Single Judge of this Court permitted the petitioner to continue renting out rooms without obstruction from the Society. Additionally, on June 18, 2024, a Co-ordinate Bench clarified an earlier order in Criminal Writ Petition No. 1399 of 2016.

The petitioner then filed a review petition with this Court seeking to recall or modify the February 20, 2024 order. Alongside, an interim application was made to condone a delay of 110 days in filing the review petition. The delay was attributed to ongoing proceedings and subsequent orders in related cases.

In considering whether to condone the delay, the Court found that the reasons provided, including orders from the Co-operative Appellate Court and interim orders in other writ petitions, did not constitute a reasonable cause for the delay. The Court emphasized that these subsequent orders were in independent proceedings and did not directly affect the timeliness of the review petition.

On the matter of the review petition itself, the Court observed that the February 20, 2024 order had been confirmed by the Supreme Court. The Supreme Court’s decision made clear that the petitioner’s issues were still pending before various forums, and it had not granted relief from the High Court's order. The Court found no apparent error in its earlier judgment to warrant a review. The review petition was dismissed, as the petitioner failed to demonstrate any errors or new facts that would justify overturning the earlier decision.

The petitioner’s reliance on the case of Khoday Distilleries Limited & Ors. v. Sri Mahadeshwara Sahakara Sakkare Karkhane Limited was deemed inapplicable. The Court had previously ruled that no writ lies against a Co-operative Housing Society and had not adjudicated on the merits of the case.

In conclusion, the review petition and the interim application for condonation of delay were both dismissed. The February 20, 2024 order remains intact, reaffirming that the issues related to the Co-operative Housing Society's actions are to be resolved within the framework of the existing proceedings before various forums.