IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2427 OF 2008 IN WRIT PETITION NO.2683 OF 2006 Abdul Gafoor Mistry Sharif (Since Deceased) Mrs.Fatimabi wd/o.Abdul Gafoor Mistry & Ors. ...Applicants V/s. Miss Hajrabi Shaikh Ahmed ...Respondent ...... Mr.V.K.Gupta i/b Gupta & Gupta for Applicants. None for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 16, 2009. JANUARY 16, 2009. JANUARY 16, 2009. P.C. 1. Inspite of service, none appears for the Respondent. No reply is filed to controvert the assertions made in the Application. Even so, as the explanation offered in the Application is unacceptable as no reason is forthcoming as to what prevented the Advocate to appear when the matter was called out and duly notified. However, as the : 2 : litigant should not suffer for the mistake of the Advocate, Application is allowed in terms of prayer clauses (a), (b) and (c), on condition that the Advocate on record for the Applicants/Petitioners shall personally pay cost quantified at Rs.1,000/- (Rupees One Thousand) to High Court Legal Services Committee within one week from today, failing which, the Office to proceed on the assumption that the earlier order stands revived without further reference to the Court. A.M.KHANWILKAR, J.