LexM/S FAIME MAKERS PVT. LTD. versus DISTRICT DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES(3), MUMBAI & ORS.
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[2025] 5 S.C.R. 331 : 2025 INSC 423 M/s Faime Makers Pvt. Ltd. v. District Deputy Registrar, Co-operative Societies(3), Mumbai & Ors. (Civil Appeal No. 4650 of 2025) 01 April 2025 [Vikram Nath* and Prasanna B. Varale, JJ.] 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. Headnotes† 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 * Author 332 [2025] 5 S.C.R. Supreme Court Reports 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 (quasi- judicial 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] Principle of res judicata – Binds quasi-judicial authorities – Discussed. [Paras 11, 12] Case Law Cited Ujjam Bai v. State of U.P. [1963] 1 SCR 778 : 1962 SCC OnLine SC 8; Abdul Kuddus v. Union of India and Others [2019] 8 SCR 669 : (2019) 6 SCC 604 – referred to. List of Acts Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. List of 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. [2025] 5 S.C.R. 333 M/s Faime Makers Pvt. Ltd. v. District Deputy Registrar, Co-operative Societies(3), Mumbai & Ors. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4650 of 2025 From the Judgment and Order dated 10.11.2023 of the High Court of Judicature at Bombay in WP No. 8186 of 2022 With Contempt Petition (C) No. 684 of 2024 in SLP(Civil) No. 26654 of 2023 Appearances for Parties Advs. for the Appellant: Dama Seshadri Naidu, Sr. Adv., Aman Vachhe
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