LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/m-s-faime-makers-pvt-ltd-vs-district-deputy-registrar-co-operative-societies-3-mumbai-ors-20250401/ · Printed 07 Nov 2026
Civil · Reportable judgment

M/s Faime Makers Pvt. Ltd. vs District Deputy Registrar, Co-operative Societies(3), Mumbai & Ors.

Court
Supreme Court of India
Date
1 April 2025
Case No.
Civil Appeal No. 4650 of 2025
Result
Allowed
Bench
Vikram Nath, Prasanna Bhalachandra Varale
Citation
[2025] 5 S.C.R. 331 : 2025 INSC 423
Acts & Sections
Maharashtra Ownership of Flats (Regulation…
Supreme Court Reports [2025] 5 S.C.R. 331 : 2025 INSC 423
Issue for consideration
The appellant’s writ petition, assailing the correctness of the order dated 05.10.2021 passed by the District Deputy Registrar, Co-operative Societies, Mumbai/Competent Authority, was dismissed by the High Court.
Headnote

Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 – ss.5, 11 – The respondent No.2-Society applied for a Unilateral Certificate of Deemed Conveyance – By an order dated 22.02.2021, the Competent Authority dismissed the respondent No.2-Society’s application, observing that the Society was eligible to seek the relief of unilateral conveyance of assignment of leasehold rights – The application was also rejected due to legal uncertainties and complications regarding the identity of the land’s promoter and on account of transfers – The order directed that the parties should first seek appropriate relief from a competent Civil Court, following which the Society was granted liberty to file a fresh application – This order attained finality – Respondent no. 2-Society did not approach the Civil Court – Instead filed an application seeking a Unilateral Assignment of Leasehold Rights – This time, the Competent Authority allowed the application vide order dated 05.10.2021 – Writ petition filed by the appellant was dismissed by the High Court – Correctness: Held: There was no unconditional liberty granted to respondent No.2-Society to apply for the unilateral assignment of leasehold rights – The order dated 22.02.2021 is very clear that complications had arisen because of various transactions inter se parties at different points of time – A plain reading of the findings of the Competent Authority in its order dated 22.02.2021 leaves no manner of doubt that respondent No.2- Society could approach the Competent Authority afresh for the unilateral assignment of leasehold rights only after getting the complications sorted out before the appropriate Court – The order clearly indicates that the competent authority could not grant leasehold rights under the existing set of facts until and unless the complications were sorted out – There is no explanation from the side of respondent No.2-Society with respect to the above findings of the Competent Authority recorded in the order dated 22.02.2021, as to why the same was not challenged before a superior forum – Once the said order has been accepted by the parties and has attained finality, the Competent Authority would not have jurisdiction to entertain a second application contrary to the findings and directions given by the Competent Authority in the first order – It has been settled by this Court that the principle of res judicata applies to and binds quasi-judicial authorities – Once a Competent Authority (quasijudicial in nature) settles an issue, that determination attains finality unless it is set aside in accordance with law – Therefore, impugned order is set-aside – Order dated 05.10.2021 is quashed. [Paras 7, 9, 10, 11, 13, 16]

Read the full headnote (1 more paragraph)

Principle of res judicata – Binds quasi-judicial authorities – Discussed. [Paras 11, 12]

Keywords: Competent Authority · Unilateral Certificate of Deemed Conveyance · Unilateral Assignment of Leasehold Rights · Legal uncertainties and complications · Appropriate court · Unconditional Liberty · Principle of res judicata · Quasi-judicial authorities

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Vikram Nath, J. 1. Leave granted. 2. The appellant has assailed the correctness of the judgment and order dated 10.11.2023, passed by the High Court of Bombay, whereby the appellant’s Writ Petition No. 8186 of 2022, assailing the correctness of the order dated 05.10.2021 passed by the District Deputy Registrar, Co-operative Societies, Mumbai/ Competent Authority, was dismissed. By the order dated 05.10.2021, the competent authority had allowed Application No. 101 of 2021, filed by Prakash Apartment Co-operative Housing Society Limited (respondent No.2-Society) under Section 5/11 of
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →