SHREE EDUCATIONAL TRUST AND ANR vs DOMBIVLI SHIKSHAN PRASARAK MANDAL AND ORS

Judgment text excerpt

wp-14246-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.14246 OF 2024 Shree Educational Trust and Another …Petitioners vs. Dombivali Shikshan Prasarak Mandal and Others ...Respondents Mr. Shyam Dewani a/w. Mr. Chirag Chanani, Mr. Dashang Doshi i/b. Dewani Associates, for the Petitioners. Mr. S.C. Naidu a/w. Ms. Divya Yajurved i/b. Ms. Anjali Yajurved, for Respondent No. 1. CORAM : N. J. JAMADAR, J. DATE : FEBRUARY 12, 2025 JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission. 2. The Petitioners - defendant Nos. 1 and 4 take exception to an order dated 17th August, 2024 passed by the learned Civil Judge, Kalyan whereby the Application (Exh. 92) preferred by defendant Nos.1 to 4 to take on record and read the written statement filed by defendant Nos. 1 to 4 on 30th March, 2019 as written statement of the defendants to the amended plaint, came to be rejected. SWAROOP SHARAD PHADKE 3. Shorn of unnecessary details, background facts leading to this Digitally signed by SWAROOP SHARAD PHADKE Date: 2025.02.13 21:58:11 +0530 petition can be stated as under:- 3.1 Respondent No. 1 is a trust registered under the Maharashtra Public Trusts Act, 1950. The defendant No. 1, is also a public charitable ssp ...1 wp-14246-2024.doc trust. On 20th July, 2012 an agreement was executed between respondent No. 1/ plaintiff and defendant No. 1 for construction of a school on the property of the plaintiff, and operation and management of the said school i.e. Prabhakar Desai International School, Dombivali (E), (PDIS). 3.2 Disputes arose over the performance of the terms of the said agreement between the plaintiff and defendant No. 1. On 24 th April, 2015 the plaintiff term