Mr. Salim Abdul Razak TamboliVsMCGM

Date: 17-06-2019
Business: By praecipe
Advocate Attar for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Mr. Giri  for defendant /MCGM present.
Heard.
Proceedings indicate that the notice u/s 314 of MMC Act was issued in the year 2013. Thereafter on 11.03.2019 a notice u/s 351 of MMC Act is issued. Plaintiff has filed reply to it and it is received by defendant on 18.03.2019.  Till date there are no instructions with the adv. For defendant whether the order is passed deciding plaintiff\''s reply. In such circumstances, prima-facie case is made out. Hence order
                                     ORDER
1. Ad-interim relief is granted in terms of prayer clause (a) of the NM till next date.
2. Leave is granted to register NM and is made returnable on 29.07.2019.
3. Liberty to defendant to move after notice to the plaintiff if the defendant has already passed an order.
The case is adjourned to 29.07.2019 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Court is on leave. Hence today board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: As Court is busy in recording evidence in suit no. 9349/93 and in suit no. 7328/04 in the morning session and in dictating orders in suit no.354/18 in afternoon session. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 21.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: As 21.10.2019 was declared holiday due to Legislative Assembly Election, hence the matter is taken on today\''s board.
Earlier order, if any is continued till next date.
The case is adjourned to 23.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. M.A. Attar for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 20.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Court is on leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Plaintiff is present. His advocate is absent.
Adv. Ms. Tondwalkar h/f Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 23.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: Due to Surge in Covid-19, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply/tendering C/S to 16.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for tendering Ch/s / NM reply and WS to 13.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: PO is on leave hence adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The plaintiff is absent to tender registered Ch/s and NM.
Adjourned for dismissal of Ch/s and NM to 15.10.2022.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 15-10-2022

Date: 15-10-2022

Date: 14-12-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for Ch/s and NM dismissal to 20.02.2023.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Even today, none present for the plaintiff to tender registered NM No. 2154/2019 and Ch/s No. 119/2020. Hence, the untendered registered NM No. 2154/2019 and Ch/s No. 119/2020 are hereby dismissed in default.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for WS to 24.04.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: None present for the plaintiff.
Adv. G.O. Giri for defendant /MCGM is present and requested
for time to file WS. Time is granted.
Adjourned for WS to 23.06.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to file WS. Time is granted.
Adjourned for WS to 30.08.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file WS. Time is granted.
Adjourned for WS to 08.11.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file WS. Time is granted.
Adjourned for WS to 17.01.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: PO is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file WS. Time is granted.
Adjourned for WS to 12.06.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: None present for the plaintiff.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file WS. Time is granted.
Adjourned for WS to 07.08.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: None present for the plaintiff.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file WS. Time is granted.
Adjourned for WS to 11.10.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2024

Date: 11-10-2024
Business: None present for the plaintiff. Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file WS. Granted.
Adjourned for WS to 13.12.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: None present for the plaintiff. Adv. Mr. V.G. Shinde for defendant/ MCGM is present and sought time to file WS. Time is granted.
Adjourned for WS to 17.02.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: None present for the plaintiff. Adv. Mr. V.G. Shinde for defendant/ BMC is present and sought time to file WS. Time is granted.
Adjourned for WS to 23.04.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-04-2025

Date: 23-04-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present and sought time to file WS. Time is granted strictly as last chance.
Adjourned for WS to 16.07.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present. The defendant failed to file W/S in spite of ample opportunities. Hence suit is  proceed without W/S passed against defendant.
Adjourned for R/E  to 24.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: None present for the plaintiff. Adv. Mr. V.G. Shinde for defendant/ BMC is present and sought time to lead evidence. Time is granted.
Adjourned for RE to 01.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: None present for the plaintiff to proceed with matter. Adv. Mr. V.G. Shinde for defendant/BMC is present. On perusal of roznama it appears that plaintiff is continuously absent failed to adduce evidence. Therefore, it appears that plaintiff is not interested in prosecuting the suit.
Adjourned for dismissal to 17.01.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: By Praecipe matter is taken on today's board.
Exhibit 1- Plaint.
Exhibit 2- V/P.
Exhibit 3- Memorandum of registered address.
Exhibit 4- List of documents.
Adv. Mr. Pratap Singh a/w Adv. Mr. Shailesh Pal is present and filed V/P for the plaintiff. Taken on record. It is marked as Exhibit 5. O- Filed.  He tendered draft NM (delay) along-with affidavits. O- Leave is granted to register draft NM till the next date. Adv. Mr. V.G. Shinde a/w Adv. Mr. Botlawar for defendant/MCGM is present and seeks time to file NM reply. Time is granted. He filed list of documents. Taken on record. It is marked as Exhibit 6. O- Filed. The defendants are directed not to take coercive action till 18.12.2025.
Adjourned for tendering registered NM/NM reply to 18.12.2025.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: Adv. Mr. Pratap Singh a/w Adv. Mr. Shailesh Pal is present for the plaintiff and tendered registered NM No.6731/2025 along-with affidavit. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present and filed reply and documents in NM No. 6731/2025. Taken on record. O- Filed. Copy is supplied to the other side. The advocate for plaintiff filed citations. Taken on record. O- Filed. Mr. Nivedan Torne, AE is present. Earlier order, if any, to continue till next date.
Adjourned for NM Order to 22.12.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-12-2025

Date: 22-12-2025
Business: Adv. Mr. Pratap Singh for the plaintiff is present.
Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. The Court is busy in dictating order in NM No. 6698/2025 and Ch/s. No. 2306/2025.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 12.01.2026.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: Adv. Mr. Shailesh Pal for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present.
Today matter is listed for NM Order. However, as the assignment of this Court is changed from 03.01.2026. Hence, put up record for NM hearing. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 25.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: Matter pertains to C. R. No. 11
Adv. Mr. Pratap Singh for the plaintiff is present. .
Adv. Mr. Botlawar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Hearing to 18.03.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: Adv. Mr. Pratap Singh for the plaintiff is present and requested time to argue the NM. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 08.04.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: Adv. Pratap Singh present for the plaintiff.
Adv. Mr. Botlawar for defendant/BMC is present.
Hearing heard on behalf of plaintiff and defendant.
Earlier order if any to continue till next date.
Adjourned for passing order to 28.04.2026.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: Adv. Mr. Pratap Singh for the plaintiff is present. Adv. Mrs. Sheetal Metakari h/f Adv. Mr. Botlawar for defendant/BMC is present. Kept back.
Later on 5.24 p.m.
None present for the plaintiff. Rest appearance is as above. The Court is busy in dictating order in NM Nos. 2743 of 2023 and 2471 of 2025. Earlier order, if any, to continue till next date.
Adjourned for NM order to 15.06.2026.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: None present for the plaintiff.
Adv. Mr. Botlawar for defendant/BMC is present.
F.R.S.R. following order is passed in NM No. 6731/2025
ORDER
1. Notice of Motion no.6731 of 2025 is allowed.
2. Delay of 969 days is hereby condoned in taking out notice of motion no.2154 of 2019 and chamber summons no.119 of 2020 for restoration, subject to costs of Rs.5,000/- be payable to defendant corporation.
3. After depositing the costs, plaintiff is at liberty to file necessary notice of motion for restoration of notice of motion application and chamber summons as prayed, according to law.
4.	Notice of Motion no.6731 of 2025 is disposed of accordingly.
Adjourned for 29.06.2026 to compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: Court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2026

Date: 03-07-2026
Business: Adv. Mr. Sahilesh Pal for the plaintiff is present and informed that the costs has been complied with. He tendered draft NM along-with affidavit. O- Leave is granted to register draft NM till the next date. Copy is supplied to the other side.
Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for tendering registered NM/NM reply to 29.07.2026.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-07-2026

Date: 29-07-2026
Business: Matter pertains to C. R. No. 11
Adv. Mr. Viraj Singh for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for Notice of Motion to 28.09.2026
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-09-2026

NOTICE OF MOTION/106731/2025
NOTICE OF MOTION/102154/2019
CHAMBER SUMMONS/100119/2020

Filing Number: 106228/2019
Filing Date: 12-06-2019
First Hearing Date: 17th June 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE