1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.1989 OF 2008 IN WRIT PETITION NO. 3624 of 2007 Dattaram Dharama Mayekar & ors. .. Applicants versus Abhimanyu Dharma Mayekar & ors. .. Respondents ... Mr.S.M. Railkar for the applicant. CORAM : A.M.KHANWILKAR, J DATED : 8th September 2008 P.C.: 1. Although the explanation offered in this application is unacceptable, however, the litigant should not suffer for the mistake of the advocate, this application is made absolute in terms of prayer clauses (a) and (b) on condition that the advocate on record at whose instance the default has been committed shall personally pay costs quantified at 2 Rs.1,000/- to the High Court Legal Services Authority. It is once again made clear that the amount of costs shall not be recovered from the party but be paid by the advocate. Payment of costs within two weeks from today is condition precedent for showing this indulgence. If costs is not paid in time, application may be treated as having been dismissed for non prosecution. 2. In addition, petitioners shall serve the respondents within four weeks from today by advocate’s notice, either personally or by courier/speed post/e-mail/fax, and file an affidavit of service failing which writ petition no.3424 of 2007 which is restored in terms of this order shall stand dismissed for non prosecution without further reference to the court. (A.M. KHANWILKAR, J)