Lsp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.261 OF 2009 WITH NOTICE OF MOTION NO. 132 OF 2009 IN WRIT PETITION NO. 2100 of 2006 Shubhangi Anant Kadam & anr. ...Petitioners v/s. The Mumbai Building Repairs & Reconstruction Board & 2 ors. ...Respondents Ms. Yasmin Tavaria a/w. D.A. Barot for the petitioners/to oppose. Mr. Chetan Kapadia i/b. Kishore Thakordas & Co. for respondent no.3 in support of NM 261/09. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : MAY 06, 2009. : MAY 06, 2009. : MAY 06, 2009. P.C. . The explanation offered by the applicants that the Advocate’s name did not appear on the Board is unacceptable. In that, it is common ground that the applicant was duly served with the notice mentioning returnable date of the motion. If the applicant engaged Advocate both at the stage of hearing of writ petition as well as notice of motion but the Advocate chose not to file the Vakalatnama cannot be the reason to blame the Registry for not notifying name of Advocate on Board when the motion was listed on 16th March, 2009. 2. As aforesaid the explanation offered by the applicant and more particularly his Advocate does not 2 appeal to me. However, as the litigant should not suffer for the mistake of Advocate, I am inclined to show one indulgence to applicant and allow this motion on condition that the applicant shall pay cost quantified at Rs.7500/- to the Petitioners. Payment of cost is condition precedent of showing this indulgence. 3. Motion is made absolute on the above terms on clear understanding that the amount of cost shall be paid to Petitioners by tomorrow as well as reply to the Notice of Motion No. 132/2009 which is restored in terms of this order shall be filed in the Registry by tomorrow with advance copy served on the Counsel for the Petitioners. 4. Notice of Motion No. 132/2009 be placed on Friday 8th May, 2009 for hearing. The writ petitioners will be free to file reply to notice of motion No. 132/2009 [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]