1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 262 OF 2010 IN WRIT PETITION NO. 7169 OF 2002 Smt. Anupama Kishore Khanolkar ....Applicant vs 1. Abhinav Education Society & ors. ....Respondents Mr. N.K. Singh i/b M/s. M.P. Vashi & Associates for the Applicant. Mr. S.J. Panicker with Ms. Bhavika Kawle for the Respondent Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. DATE : 2ND FEBRUARY, 2010. P.C. :- 1. It is true that there has been considerable negligence on the part of the Petitioner’s advocates. The matter was called out twice on 5th September, 2008, in the morning session and in the afternoon session, when the Petitioner and her advocates were absent. From the affidavit-in-support, however, it appears that the default was due to the Petitioner’s advocate’s clerk. Even assuming, as contended on behalf of 2 the Respondents, that the statement in the affidavit-in-support is incorrect viz. that it was the clerk’s fault, there is nothing to indicate that the Petitioner herself was at fault. In these circumstances, the Petitioner ought not to suffer the consequences of a dismissal of her Petition. 2. In the circumstances, Civil Application is made absolute in terms of prayer (a), subject to payment of costs, fixed at Rs.2,500/-, to be paid to the Respondent Nos.1 and 2, on or before 28th February, 2010.