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.80 OF 2006 IN APPEAL FROM ORDER NO.12299 OF 2006 WITH CIVIL APPLICATION ST.NO.12300 OF 2006 Dashrath Ganpat Parker. ..Applicant. V/s. Municipal Corpn. of Gr.Mumbai & Anr. ..Respondents. Mr.Sachin V.Masurkar for applicant. Mrs.Geeta Joglekar for BMC. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 31, 2006. DATE : JULY 31, 2006. DATE : JULY 31, 2006. P.C. : P.C. : P.C. : 1. The explanation offered in the application is unacceptable. However, as the litigant should not suffer for the mistake of the advocate on record, application is allowed in terms of prayer clause (a) on condition that the advocate on record for the applicant shall pay costs to the High Court Legal Services Committee quantified at Rs.1,000/- within one week from today and produce receipt before the office regarding payment, failing which office to proceed on the assumption that this application has been dismissed for non-prosecution without further reference to the court. 2 2. If payment is made in time, restored proceeding be listed under appropriate caption as per its turn.