1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.380 OF 2011 IN CRIMINAL WRIT PETITION NO.2606 OF 2010 Kesharchand M. Choudhary Applicant versus The State of Maharashtra and another Respondents Mr.Y.R.Dube for applicant. Mr.P.A.Pol, APP for State. CORAM : A.M.KHANWILKAR AND P.D.KODE, JJ. DATE : 26th August 2011 PC : 1. Although explanation offered in the application is unacceptable. For, as mentioned in the order dated 8th June 2011, the Court showed indulgence to the petitioner. In spite of which none appeared when the matter was called out on 8th June 2011. However, the matter went by default essentially because of the mistake of the advocate. As the litigant should not suffer due to the mistake of the advocate, in the interest of justice, we allow this application in terms of prayer clauses (a) and (b) on condition that the advocate on record for the applicant/petitioner shall personally pay costs of Rs.10,000/- to the Commissioner of Police, Arms Department in Account No. 004010200164863 of Axis Bank and produce acknowledgement thereof within two weeks from today failing which the Office shall treat the earlier order dismissing the writ petition for default as revived. 2 2. Subject to the above, list the writ petition on 20th September 2011. It is made clear that if the petition is once again dismissed for default, it shall not be restored on any count. The advocate for the petitioner shall not make request for even keeping back the matter on future date. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)