IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1528 OF 2008 IN COMPANY PETITION NO.178 OF 2007 TT International Ltd. ...Applicant V/s. NEB Electronics Pvt.Ltd. ...Respondents ...... Mr.H.Rehman i/b D.H.Law Associates for Applicant. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. NOVEMBER 24, 2008. NOVEMBER 24, 2008. NOVEMBER 24, 2008. P.C. P.C. P.C. 1. Although explanation offered in Paragraph 4 is unsatisfactory, as it does not clearly spell out as to what prevented the Applicant from depositing the amount in terms of the conditional order dated 25th March 2008 within specified time and more so for taking out present Aplication after expiry of 114 days; obviously, it being a case of inaction of the Advocate on record and as the : 2 : litigant should not suffer for the mistake of the Advocate, this Application is allowed in terms of prayer clauses (a) and (b), on condition that amount of Rs.10,000/- (Rupees Ten Thousand) towards publication cost be deposited with the Registrar (O.S.)/Prothonotary and Senior Master on or before 1st December 2008. In addition, the Applicant shall pay cost quantified at Rs.5,000/- (Rupees Five Thousand) to High Court Legal Services Committee to be paid on or before 1st December 2008. 2. Failing to pay any one of the above amount within specified time, the conditional order dated 25th March 2008 shall stand revived and the Office shall treat this Application as dismissed for non-prosecution. 3. Application disposed of on the above terms. A.M.KHANWILKAR, J.