IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No.255 of 2006 in S.A. No.l006 of 2005 Shashikant Bhagwan Shinde and ors.. applicants vs Vasudeo Tukaram Mahalkar and ors.respondents Mr Amit Sale for applicants CORAM; A.M.KHANWILKAR J. CORAM; A.M.KHANWILKAR J. CORAM; A.M.KHANWILKAR J. DATED l7.2.2006 DATED l7.2.2006 DATED l7.2.2006 P.C. P.C. P.C. l. The explanation offered in this application is unacceptable. On the first occasion when the matter was called out I was informed that Mr.More was to appear as counsel and for that reason request for adjournment was made. That request was rejected and the advocate appearing for the applicants was informed to keep himself ready to proceed with the matter when the matter would be called out as kept back matter. However, at the second call none appears for the applicants. The explanation now offered in this application as mentioned earlier is unacceptable. The members of the Bar are expected to show minimum courtesy to the court, even if they are in difficulty to inform the court through some friend lawyer. The court cannot accept the situation where none appears to request the court even when indulgence was shown on the first occasion. 2. Even though sufficient cause is not made out in this application,as the litigant should not suffer for the mistake of the advocate, this application is allowed in terms of prayer clause (a) on two conditions. Firstly, the advocate on record personally shall pay the cost quantified at Rs.750 to the High Court Legal Services Authority within a period of one week from today, failing which the office to proceed on the assumption that the application is dismissed for non prosecution without reference to court. If the cost is paid in time the appeal to be processed and listed as per its turn. Secondly on the next date of hearing of the second appeal the advocate on record himself will appear before the court and not engage counsel,which, if permitted would result in a situation of allowing the advocate to achieve the purpose for which the matter was dismissed for default.