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Bombay High Court

LT. COL. VIJAY KUMAR GAUTAMversusOLYMPIC TOWER CO OP HSG. SOC LTD. AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court held that it will not issue a mandamus to the Co‑operative Court for expeditious disposal of the pending disputes.

Summary

Lt. Col Vijay Kumar Gautam (retd) filed a writ petition seeking the High Court to direct the Co-operative Court, Mumbai, to dispose of thirteen disputes he had filed between 2019 and 2023 within three months. The petitioner alleged grievances regarding his membership in Olympic Tower Co‑op. Housing Society Ltd. and attached a list of the pending disputes. The Court observed that the petition did not disclose the specific reliefs sought in each dispute nor the stage of the proceedings, rendering it inappropriate to issue a mandamus for a time‑bound decision. While noting that a Co‑operative Court is generally obliged to decide matters expeditiously unless impeded by law, the Court declined to intervene. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the High Court can issue a mandamus directing a Co‑operative Court to dispose of pending disputes within a specified time‑frame
  • Whether the petitioner has sufficiently disclosed the nature of reliefs and the stage of proceedings to justify such intervention

Subjects

  • mandamus
  • co-operative court
  • expeditious disposal
  • writ petition
  • civil appellate jurisdiction
  • jurisdiction
  • co-operative societies

Judgment

NISHA             Digitally signed by
                  NISHA SANDEEP
SANDEEP           CHITNIS
                  Date: 2026.09.16
CHITNIS           14:06:46 +0530
                                                                                    5-wp.9374.2023.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                            WRIT PETITION NO.9374 OF 2023

                    Lt. Col Vijay Kumar Gautam (retd)               ...Petitioner
                         Versus
                    Olympic Tower Co-op. Housing
                    Society Ltd. and Ors.                           ...Respondents

                    Mr. Soosainavis Xavier Fernando for the Petitioner.

                    Ms. Bhavyaa Thakur for the Respondent Nos.1 and 2 (through video-
                    conferencing).

                    Mr. Karan S. Thorat, ‘B’ Panel Counsel with Mr. S. L. Babar, A.G.P.
                    for the Respondent Nos.3 to 5-State.

                                                      CORAM: BHARATI DANGRE &
                                                             ASHISH S. CHAVAN, JJ.
                                                     DATE : 10th SEPTEMBER 2026
                    P.C. :

                    1.                  The petition seeks a relief of expeditious disposal of the

                    disputes filed by the petitioner and pending before the Co-operative

                    Court, Mumbai. The petitioner has some grievance with regard to his

                    membership in Olympic Tower Co-op. Housing Society Limited and

                    has furnished a list of the disputes filed by him. A perusal of the said

                    list at Exhibit “F”, at page 72, makes reference to 13 disputes filed in

                    the years 2019, 2020, 2021, 2022 and 2023.

  N. S. Chitnis                                                                                   1/2
                                                                      5-wp.9374.2023.doc


                            We are really unaware as to what reliefs are sought in the

                said disputes and at what stage the proceedings are pending before the

                Co-operative Court. In the circumstances, we do not deem it

                appropriate to issue any mandamus to the Co-operative Court to

                decide the said disputes in a time-bound manner, as prayed for by the

                petitioner, within a period of three months.

                            Nonetheless, we must observe that once a dispute is filed

                before the Co-operative Court, it is under an obligation to decide the

                same expeditiously, unless there are legal impediments to its final

                disposal.

                            With the aforesaid observations, we dismiss the writ

                petition.




                ASHISH S. CHAVAN, J.                       BHARATI DANGRE, J.




N. S. Chitnis                                                                       2/2


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