Case Note & Summary
The petitioner, Mahesh K. Mehta, filed a review petition seeking recall or modification of a judgment dated 20th February 2024 passed by the Bombay High Court in Writ Petition No.1518 of 2024. The original writ petition had been dismissed on two grounds: first, that the issues raised were already pending before various forums including the Co-operative Court, Consumer Disputes Redressal Forum, and other writ petitions; and second, that no writ petition lies against a co-operative housing society as it is a private entity. The petitioner challenged this order before the Supreme Court in Special Leave to Appeal (C) No(s).8543-8544 of 2024, which was dismissed on 3rd May 2024 with observations that the petitioner could raise his grievances before the authorities where proceedings were pending. Subsequently, the Co-operative Appellate Court rejected the petitioner's review application on 2nd March 2024, a Single Judge of the Bombay High Court passed an interim order in Civil Writ Petition No.5939 of 2024 on 14th June 2024 permitting the petitioner to carry out his activity, and a Co-ordinate Bench clarified an order in Criminal Writ Petition No.1399 of 2016 on 18th June 2024. The petitioner then filed the present review petition with an interim application for condonation of delay of 110 days. The Court considered whether the delay should be condoned and whether the review petition was maintainable. The Court held that the reasons given for the delay—pursuing matters before various forums after the Supreme Court's order—did not constitute sufficient cause because those orders were passed in independent proceedings already pending on the date of the original order. The Court further held that even if the delay were condoned, the review petition lacked merit as the petitioner failed to show any error apparent on the record. The original order had been confirmed by the Supreme Court and had attained finality. The finding that no writ lies against a co-operative housing society was not challenged and became final. The petitioner's reliance on Khoday Distilleries Limited v. Sri Mahadeshwara Sahakara Sakkare Karkhane Limited was found inapplicable. The Court dismissed the review petition and the interim application.
Headnote
A) Civil Procedure - Review Petition - Condonation of Delay - Sufficient Cause - The petitioner sought review of an order dismissing his writ petition on the ground that issues were pending before other forums and no writ lies against a co-operative housing society. The delay of 110 days was explained by the petitioner as being due to pursuing matters before various forums after the Supreme Court dismissed his SLP. The Court held that orders passed in independent proceedings after the Supreme Court's order do not constitute sufficient cause for condoning the delay, as the review petition sought review of the original order which had attained finality. (Paras 9-10) B) Civil Procedure - Review Petition - Maintainability - Error Apparent on Record - The petitioner failed to show any mistake apparent from the record in the order dated 20th February 2024. The order had been confirmed by the Supreme Court and had attained finality. The Court held that in review, it cannot quash an order which has attained finality, and the finding that no writ lies against a co-operative housing society had become final. (Para 10) C) Co-operative Societies - Writ Jurisdiction - Maintainability - The Court in its original order held that no writ petition lies against a co-operative housing society as it is a private entity. This finding was not challenged in the review petition and became final. (Para 10)
Issue of Consideration
Whether the delay of 110 days in filing the review petition should be condoned and whether the review petition is maintainable on merits.
Final Decision
The review petition and the interim application for condonation of delay are dismissed.
Law Points
- Review petition
- condonation of delay
- sufficient cause
- finality of order
- writ against co-operative society
- error apparent on record
