1 caf2223 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVILAPPELLATE JURISDICTION CIVIL APPLICATION NO. 2223 OF 2010 IN FIRST APPEAL NO. 5 OF 2004 Kanjhayyalal Madhavlal Khandelwal. ... ... Applicant. Versus Mrs.Roshan Eruch Mehta & Ors. ... ... Respondents. Mr. Madhav Jamdar for the Applicant. Mr.K. Y. Mandlik i/by M/s. Legatis Partners for Respondent No.4. Mr. Neel Pungalia i/by Mr. Mohan Pungalia for Respondent Nos.1 to 3. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 21ST JULY, 2010. P. C. : We are not satisfied with the explanation offered by the learned Counsel for the applicant. However, as the litigant should not suffer for the mistake of the advocate, we allow the civil application in terms of prayer clauses (a) and (b) on a condition that the advocate on record for the applicant shall personally pay costs quantified at Rs.1,500/- to the High Court Legal Services Authority within one week from today, failing which the office to treat this application as dismissed for non-prosecution without further reference to the Court. If steps are taken in time, the office to process this matter in terms of this order. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)