1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.474 OF 2009 IN WRIT PETITION NO.5896 OF 2008 Smt.Mumtaz Begum Ziyaddin Khatib. ..Applicant. V/s. Sumangal Construction Co. Pvt.Ltd.& Ors...Respondents. Mr.R.D.Soni i/b. M/s. Ram & Co. for applicant. Mr.G.S.Godbole for Respondent Nos. 1 to 3. Mr.U.R.Mankapure for Respondent Nos. 5,7 and 8. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. Although this Application is opposed by the Respondent Nos. 1 to 3, 5, 7 & 8, however, for the reasons stated in the further affidavit filed in support of this Application, it is obvious that default was committed due to mistake of the Advocate. In the circumstances, in the interest of justice, this Application is allowed on condition that the Advocate on record for the Applicant/Petitioner shall personally pay costs quantified at Rs.5,000/- to the High Court Legal Services Committee for showing this 2 indulgence within one week from today. 3. Besides payment of cost, consequent to the restoration of the Writ Petition, the Applicant/Petitioner shall take steps to serve the unserved Respondent Nos. 6 and 9 to 25 within six weeks from today and file affidavit of service to that effect, failing which the Writ Petition to stand dismissed for non-prosecution without further reference to the Court. 4. It will be open to the Writ Petitioner to serve the said Respondents by advocate’s notice either personally and/or by speed post and/or by email and/or by fax and file affidavit of service before the returnable date. 5. If steps are taken in time, the restored Writ Petition be listed on 10th June, 2009 under caption "admission(after notice)" alongwith Civil Application No.473 of 2009. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)