-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1331 OF 2010 IN WRIT PETITION NO. 1788 OF 1997 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions & Registrar’s orders. Court’s or Judge’s orders. Mr. M. D. Sugavkar for the applicant. Coram : R. V. MORE, J. Date : August 13, 2010. P. C. : 1. Civil application is filed for restoration of the above writ petition. By the order dated 6th April 2010 this Court dismissed the above petition as none appeared on behalf of the petitioner. From the record I find that earlier also on three occasions the petition was dismissed for default. The reason given in the application for restoration is that the advocate for the petitioner escaped the attention and therefore he could not attend the matter when it was called out. Though the reasons are not satisfactory, taking into consideration the fact srp -: 2 :- that the petition arises from the Rent Act proceedings and the petitioner should not be made to suffer for the fault of Advocate, I am inclined to restore the petition, subject to payment of cost of Rs.5,000/­ to the respondent. The cost shall be paid within the period of four weeks from today. Civil application stands disposed of. (R.V. MORE, J.)