Bombay High Court
Mahesh K. Mehta S/O Khetshibhai D Mehta vs The Bharatiya Friends Co-Operative ... on 19 December, 2025
Author: S. M. Modak
Bench: S. M. Modak
2025:BHC-OS:25716-DB 903-OSWPL-35471-2025.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 35471 OF 2025
Mahesh K Mehta ...Petitioner
Versus
The Bharatiya Friend's Cooperative Housing ...Respondent
Society Ltd
Mr Mahesh K Mehta, Petitioner appearing in-person.
Ms Rashi P Sheth, with Dixita Singh, for the Respondent.
SHEPHALI
SANJAY
MORMARE CORAM: SUMAN SHYAM &
Digitally signed by
S. M. MODAK, JJ.
SHEPHALI SANJAY MORMARE Date: 2025.12.22 DATED: 19TH DECEMBER 2025 11:25:08 +0530 PC:-
1. Heard Mr Mahesh K Mehta, the Petitioner appearing in person. We have also heard Ms Sheth, learned counsel appearing for the sole Respondent.
2. By filing this Writ Petition invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the Petitioner has prayed for the following reliefs:-
"(a) Issue a writ of Mandamus or any other appropriate writ, order, or direction directing the Respondent that the use of force, harassment, or extrajudicial enforcement by it against the Petitioner engaged in lawful paying guest keeping activity is illegal and unconditional;Page 1 of 6
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(b) Issue a writ of Mandamus or any other appropriate writ, order, or directions against the Respondent to follow the due process of law in dealing with the Petitioner's paying guests;
(c) Issue a writ of Mandamus or any other appropriate writ, order, or directions against the Respondent directing the Respondent Society to cease all interference with the Petitioner's paying guest keeping activity;
(d) The Respondent Society be directed to compensate the Petitioner with Rs.1,50,00,000+ (Rupees One Crore Fifty Lakhs plus) for financial losses, mental agony, and legal expenses incurred over 13 years;
(e) Grant urgent interim relief on or before 10 th November, 2025, restraining the Respondent from (i) obstructing the entry or stay of the Petitioner's Airbnb guests arriving on 11th November 2025 and thereafter and (ii) using force, threats, or coercion against the Petitioner or guests; pending hearing and final disposal of this Petition;
(f) Ad-interim reliefs in terms of prayer clause(s)."
3. The Petitioner is a member of the Respondent-Housing Society. He desires to keep Paying Guests in his apartment on commercial terms with the help of agencies and web-portals such as Airbnb. The Respondent-Society is, however, not willing to permit the Petitioner to do so as the Members of the Society are not agreeable to the same. As such, the Society has been consistently resisting the attempt made by the Petitioner to entertain Paying Guests, who are mostly foreign national. Page 2 of 6
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4. There is a Resolution of the Respondent-Housing Society adopted in its 57th Annual General Body Meeting ("AGM") held on 10th August 2008 whereby, a decision was taken not to allow any member to entertain Paying Guest without the permission of the Respondent-Society. Such decision was continued in the subsequent Resolution adopted in the AGM held on 11 th August 2008 and even thereafter. In view of the Resolution adopted int eh AGM of Society, as noted above, the Petitioner has been denied permission to entertain Paying Guests/Paid Guests in his apartment. Being aggrieved thereby, the Petitioner has approached the Cooperative Court inter alia assailing the Resolution(s) adopted by the Respondent-Society restricting entry of Paying Guests. The proceeding is pending before the Cooperative Court.
5. We are informed that the proceeding instituted before the Cooperative Court on the same subject is at an advance stage and the matter is fixed for final hearing. Notwithstanding the same, the Petitioner has approached this Court by filing the present Writ Petition seeking the abovementioned reliefs. The Petitioner is also seeking an interim order from this Court, to allow him to entertain Page 3 of 6 th 19 December 2025 ::: Uploaded on - 22/12/2025 ::: Downloaded on - 26/12/2025 21:51:46 ::: 903-OSWPL-35471-2025.DOC Paying Guests, until such time, the Cooperative Court finally decides the matter.
6. In support of his arguments, the Petitioner has relied upon a number of decisions of the Supreme Court besides referring to his written argument to contend that being a 76 years old senior citizen, who is living a retired life, he has a right to earn his livelihood by letting out the rooms in the apartment to the Paying Guests. Therefore, the Society cannot restrain him from doing so.
7. The prayer of the Petitioner has been stoutly opposed by the Respondent, firstly by raising the plea of maintainability of the Writ Petition. The Respondent has also urged that over the years, the Petitioner has approached multiple forums, right from the Cooperative Court to the High Court and then the Supreme Court of India, seeking similar relief but has been denied the relief sought for, as the prayers were not maintainable. Contending that it is a clear case of abuse of the process of Court, the learned counsel for the Respondent has prayed for dismissal of the Writ Petition with exemplary costs.
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8. It is no doubt correct that if the right of the Petitioner as a member of the Respondent-Society is, in any manner, violated, he would be entitled to avail appropriate remedy under law. However, there is a majority decision of the members of the Respondent- Housing Society not to permit any Paying Guest in the apartments. Therefore, until such time, permission is granted to him or such Resolution is set aside or declared to be illegal, the Petitioner cannot entertain Paying Guests.
9. As noted above, the Petitioner has already approached the Cooperative Court seeking redressal of his grievance on the above issue. He must, therefore, await the outcome of that process.
10. It is also to be noted herein that the sole Respondent in this proceeding is a Cooperative Housing Society, which is a private entity. Therefore, this Writ Petition filed under Article 226 of the Constitution of India would not be maintainable in the eyes of law.
11. We have also noticed that the Petitioner had earlier approached multiple forums including the Hon'ble Supreme Court, making identical prayers. By the Order dated 23th May 2025 passed in Special leave to Appeal (C) No. (s) 8023 of 2017 in Writ Page 5 of 6 th 19 December 2025 ::: Uploaded on - 22/12/2025 ::: Downloaded on - 26/12/2025 21:51:46 ::: 903-OSWPL-35471-2025.DOC Petition No. 5399 of 2016, the Supreme Court had even imposed costs of Rs. 1 lakh upon the Petitioner, which was however, subsequently reduced to Rs. 10,000/- by order dated 8 th October 2025 passed in Review Petition (C) No. 1943 of 2025 in Writ Petition (Diary No. 52677 of 2024).
12. Be that as it may, since the Petitioner has already approached the Cooperative Court, substantially seeking the same reliefs and the matter is pending before that Court and also considering the overall facts and circumstances of the case, more particularly, the fact that the Writ Petition has been instituted against a private entity, we are not inclined to entertain the same.
13. The Writ Petition is, therefore, closed by granting liberty to the Petitioner to pursue his legal remedy before the Cooperative Court. Leave is, however, granted to the Petitioner to seek expeditious disposal of the proceeding pending before the Cooperative Court.
14. Writ Petition stands disposed of accordingly.
(S. M. MODAK, J.) (SUMAN SHYAM, J.)
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