IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.602 OF 2009 IN WRIT PETITION NO.1139 OF 2009 M/s.D.K.Enterprises & Anr. ...Applicants V/s. Smt.Radhadevi Motumal Chugh & Ors. ...Respondents ...... Mr.K.H.Mody i/b M/s.S.Pathak & Co. for Applicants. Mr.Mukesh M.Chugh, Constituted Attorney & Respondent No.2 present in-person. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 24, 2009. MARCH 24, 2009. MARCH 24, 2009. P.C. 1. Even though explanation offered in this Application is unacceptable, however, as the litigant should not suffer for the mistake of the Advocate, Application is allowed in terms of prayer clauses (a) and (b) on condition that the Advocate on record shall personally pay cost quantified at Rs.3,000/- (Rupees Three Thousand) to the Respondent No.2, who appears in person and who had : 2 : also appeared in the Court on 6th February 2009. Amount of cost be paid to Respondent No.2 and receipt thereof be produced in the Registry on or before 26th March 2009, failing which Application to stand dismissed for non-prosecution without further reference to the Court. 2. If steps are taken in time, Writ Petition be listed for admission on 15th April 2009 under appropriate caption. The Respondent No.2 to file reply on or before 6th April 2009. Rejoinder if any be filed on or before 13th April 2009. A.M.KHANWILKAR, J.