IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2724 OF 2008 WITH CIVIL APPLICATION NO.2248 OF 2003 WITH REJECTED CASE NO.113 OF 2008 IN WRIT PETITION NO.183 OF 2003 Vinayak Sadashiv Patil ...Applicant V/s. Shriram Shivram Mhatre & Ors. ...Respondents ...... Mr.N.B.Shah for Applicant. Mr.V.Z.Kankaria for Respondent No.1. ...... 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. Heard Counsel for the parties. 2. The explanation offered in the application for default committed as well as delay in filing the Application is unacceptable. However, as the litigant should not suffer for the mistake of the : 2 : Advocate, the Application No.2724/2008 is allowed in the interest of justice in terms of prayer clauses (a) and (b) and Application No.2248/2003 and RC No.113/2008 are allowed in terms of prayer clause (a), on condition that the Advocate on record for the Applicant shall personally pay cost quantified at Rs.2,000/- (Rupees Two 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. 3. If steps are taken in time, issue fresh notice to the unserved Respondents in restored Writ Petition, returnable on 28th January 2009. 4. Petitioner is at liberty to serve the concerned Respondents through Government Pleader, if so advised and file affidavit of service on or before 22nd January 2009. A.M.KHANWILKAR, J.