Mr. Robin Yacob RautVsM/s. Hindustani Covenant Church +9 more

Date: 03-07-2019
Business: None present for plaintiff.
Adv. Rahul Motkari for all defendants present. He submits that he is instructed to appear on behalf of all defendants. He will file memo of appearance today and Vakalatnama on next date.
Memo of appearance fired on behalf of defendant nos. 1 to 10. O-Seen.
Adjourned for written statement to 17.9.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv. P. Samual for plaintiff present.
The Ld. Counsel for the plaintiff seeks time to file affidavit of service.
Adjourned for filing affidavit of service of writ of summons to 6.11.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Sachin Thorat for plaintiff present.
Affidavit of service of writ of summons filed by the plaintiff in respect of service to the defendants.  Put  for further order.
Adjourned for order to 10.1.2020.
Next Purpose: ORDER
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Neha Pandey for plaintiff present.
Adv. Mr. Shamdasane for deft. nos.1 and 4 present.
Vakalatnama filed on behalf of deft. nos.1 and 4.
O. - Seen and filed.
It appears that deft. nos.1 and 4 were served with writ of summons on 24.06.2019.  Deft. nos.1 and 4 have not filed the W/S within 30 days of service of writ of summons. Hence, suit to proceed without W/S of deft. nos.1 and 4.
From service affidavit, it appears that the deft. nos.2, 3, 5 to 10 have been duly served. But they failed to appear hence suit to proceed ex-parte against deft. nos.2, 3, 5 to 10.
The matter is adjd for evidence to 18.03.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None present for plaintiff
Adv. Motkari for defendants present
He files vak. On behalf of defendant nos.1 to 5 and 8 to 10.
ORDER
Seen and filed
Ld. Counsel for defendants tenders draft notice of motion alongwith written statement.  Leave is granted to register the N/M
Ld. Counsel for defendants undertake to serve plaintiff the notice of motion.
Adjourned to 06/05/2020 for reply at 2.45 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: None for plaintiff.
Adv. Sandip Waghmare for deft. no.1 to 5 and  8 to 10 present.
Ld. counsel for the deft. submitted that he could not serve the N/M due to Covid-2019.  He seeks liberty for serving it to the plaintiff.  Time is extended for service of N/M by the deft. to the plaintiff till next date.
Due to Covid-19, the matter is adjd for service of N/M to 29.10.2020.
Next Purpose: SERVICE
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: Plaintiff and adv absent
Adv.Rahul Motkari for defendants present.
Adv. for defendants tenders notice of motion 1535 of 2020.  Adv. for defendants tenders service affidavit.
The matter is adjd for reply on notice of motion no.1535 of 2020 to 03.12.2020.
Later on:
Adv.Sachin Thorat for the plaintiff present and seeks time to file reply.  The matter is already adjd to 03/12/2020.
Next Purpose: SERVICE
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Plaintiff present.
Adv. Rahul Motkari for deft. nos.1 to 5, 8 to 10 present.
Plaintiff seeks time to file reply to N/M No.1535/20.  Granted.
The matter is adjd for reply to N/M to 18.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None for plaintiff.
Adv. Mohit Shamdasani for deft. nos.1 to 5, 8 to 10 present.
Last chance is granted to plaintiff to file reply to N/M No.1535/20.  T.O.R.
The matter is adjd for N/M reply to 16.03.2021.
L.O.
Plaintiff present.
Plaintiff filed reply to N/M No.1535/20.  T.O.R.
The matter is already adjd to 16.03.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: None for plaintiff.
Adv. Rahul Motkari for deft. nos.1 to 5, 8 to 10 present.
Ld. counsel for defts. submitted that the plaintiff has not supplied the copy of reply to him or to the defendants.  Plaintiff to supply copy.
The matter is adjd for N/M hearing to 06.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 19.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 21.09.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None present for plaintiff.
Adv. Rahul Motkari for defendant is present.
Heard Adv.for the defendant in NM No. 1535/2020.
Matter adjourned for argument of plaintiff on 25.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: None present for plaintiff.
Adv. Rahul Motkari for defendant is present.
                Order below NM No. 1535/2020
Perused the notice of motion which is supported by an affidavit of Praful Kale. Also perused the reply which is supported by an affidavit of Mr. Robin Raut. Heard Adv.for the defendant. Perused the record and order passed by my Ld. Predecessor dtd. 10.01.2020. The main suit is for declaration and perpetual injunction inconsonance of letter dtd. 16.01.2019. The defendants intends to contest the suit on merits are ready with their written statement. The contents of paras no. 3 to 11 shows the satisfactory reasons for not filing written statement within the statutory period. As submitted in para no.11 that if no opportunity is granted to defendant to contest the suit on merits, then they will suffer great loss. May be that each and every day delay is not explained in delay but considering the nature of the suit and as this notice of motion is taken out immediately on the next date of the order, for fair trial and proper adjudication of the case and subject to imposition of certain cost, in my opinion following order rule, following order is necessary to be passed in the interest of Justice, hence I pass the following order-
                                        ORDER
Notice of Motion No. 1535/2020 is allowed and made absolute in terms of prayer clause (a) to (c) subject to applicants/ defendants paying cost of Rs.2000/- to the DLSA, Mumbai within two weeks.
Notice of motion is disposed of accordingly.
Matter adjd for compliance on 18.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv. Mr. Sandeep Waghmare for defendant Nos. 1 to 5 and 8 to 10 present, filed affidavit of compliance of order dated 25.10.2021 along-with the receipts issued by DLSA, Mumbai. As the order in NM No. 1535 of 2020 is complied with therefore the common written statement of defendant Nos. 1 to 5 and 8 to 10 is t.o.r. and marked as Exh.6.
Matter is adjd for draft issues on 10-08-2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None present for plaintiff.
Adv. Mohit Shamdasani for defendant nos. 1 to 5 and 8 to 10 is present.
Matter adjd to 05.11.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: None for plaintiff.
Adv. Mohit Shyamdasani for defendant Nos.1 to 5 and 8 to 10 is present.
Matter adjd. to 17/01/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: None present for plaintiff.
Adv.Sandeep Waghmare for defendant is present.
Matter adjd to 29.03.2023 for Draft issues.
LO
Plaintiff present.
Already adjourned to 29.03.2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Plaintiff is present and filed V/P of Adv. Vivek Daunde t.o.r marked at Exh.7. Seen.
Adv. Sujit Padarat i/b Adv. Rahul Matkari  for defendants no. 1 to 10 is present.
Matter adjd to 07.07.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: None for plaintiff when called.
Adv. Sujit Padrat for defendant No. 1 present and tendered draft issues. T.O.R.
Exh. 8 Issues framed.
Matter adjd to 18/09/2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Plaintiff is present.
Adv. Abhishek Kase for defendant is present.
On oral request of the plaintiff matter is adjourned for evidence of plaintiff.
Matter adjd to 04.11.2023 for filing evidence of plaintiff .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: Adv.Sahu for plaintiff and undertake to file VP on next date.
Adv. Sujit Padrat h/f Rahul Matkari for defendant is present.
Matter adjd to 17-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: None present for plaintiff.
Adv. Sujeet Padarat for defendant is present.
Defendant is present.
Matter adjd to 03.04.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: None present for plaintiff.
Adv. Sujeet Padarat for defendant is present.
Sufficient time is granted to plaintiff to lead oral evidence.
Matter adjd to 20.04.2024 for recording evidence and dismissal order.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Adv. Swati Kamble h/f Dsilva and Co. for plaintiff is present and filed Vakalatnama Exh.9. TOR.
She also seek time to lead oral evidence. O- Time granted subject to undertaking to work out matter on next date, on failure further order will be passed on next date.
Adv. Rahul Motkari and Sandeep Waghmare for defendant is present.
Matter adjd to 05.07.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Adv. Aurelius Dsilva i/b M/s. Dsilva and Co. for plaintiff is present and tendered draft NM a/w affidavit in support.
O-Leave granted to register draft NM. Copy served on other side.
Plaintiff is present.
Adv. Sujeet Padarat for defendant is present.
Matter adjd to 29.08.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: P.O. is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Adv. Reema Maurya h/f Adv. Dsilva and Co. for plaintiff is present and seek time to tender original NM. O- Time granted.
Adv. Sujeet Padrat h/f Adv. Rahul Motkari for defendant is present and seek time to file reply. O- Time granted.
Matter adjd to 10.12.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: Adv. Rima Mourya for plaintiff is present and tendered registered notice of motion no.2695/2024. TOR.
Adv. Sujeet Padrat for defendant is present and seek time to file reply. O- Time granted.
Matter adjd to 14.01.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Adv. Rima Maurya for plaintiff is present.
Adv. Sujeet Padrat for defendant is present and filed reply to notice of motion no.2695/2024. TOR. Copy served on other side.
Matter adjd to 11.03.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Adv. Reema Mourya for plaintiff is present and seek time to file rejoinder. O- Time granted with consent as a last chance.
Adv. Sandeep Waghmare for defendant is present.
Matter adjd to 29.04.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2025

Date: 29-04-2025
Business: Adv. Reema Mourya for plaintiff is present and seek time. O- Time granted with consent.
Adv. Manasi Pawar for defendant is present.
Matter adjd to 18.07.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: Adv. Maurya for plaintiff is present.
Adv. Neera for defendant is present and filed Vakalatnama Exh.10. TOR.
Matter adjd to 17.09.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: CORAM - HIS HONOUR JUDGE SHRI S. K. KARHALE (C.R.NO.1)
Adv. Rima Mourya h/f D'silva for plaintiff is present.
None present for defendant.
Matter adjd to  25.11.2025 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2025

Date: 25-11-2025
Business: CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1)
Adv. Reema Morya for plaintiff is present.
Adv. Mohd Khalik  i/b Nimesh Mehta for defendant is present.
Both advocate seeks time for hearing on NM
Matter adjd to 10.02.2026  for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: Adv. Reema Maurya h/f M/s. D’silva and co. for plaintiff is present.
Representative of defendant no.1 Sabina Adwani present and seeks adjournment.
Matter adjourned to 02.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: Adv. Reema Maurya i/b M/s. Dsilva and co. for plaintiff is present.
None present for defendant.
Matter adjourned to 17.07.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2026

Date: 17-07-2026
Business: Both parties absent.
Later on 3.20pm
Adv. Surve Rubina h/f Adv. Dysliva  for the plaintiff present.
Matter adjourned for hearing on NM. 08/09/2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: Both parties absent.
Due to absence of the parties matter is adjourned
Matter adjourned for hearing on NM to 16/11/2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2026

NOTICE OF MOTION/101535/2020
NOTICE OF MOTION/102695/2024

Registration Number: 101402/2019
Transfer Date: 14-07-2026
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 105333/2019
Filing Date: 02-05-2019
First Hearing Date: 03rd July 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE