mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2109 of 2008 IN WRIT PETITION NO. 2747 of 2008 Dnyandeo Nivrutti Awate .. Applicant versus Vidhur Chaturbhuj Kute & ors. .. Respondents ... Mr.R.M. Khairdi for the applicant. CORAM : A.M.KHANWILKAR, J DATED : 9th 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 (b) on condition that the advocate on record at whose instance the default has been committed shall personally pay costs quantified at 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 one week 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. If steps are taken in time, writ petition be listed on 22nd September 2008 under appropriate caption. (A.M. KHANWILKAR, J)