1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.617 OF 2009 IN CIVIL APPLICATION NO.2887 OF 2006 IN WRIT PETITION NO.693 OF 2004 Mahavir Feeds. ..Applicant. V/s. Jivraj Raoji Gandhi. ..Respondent. Mr.S.P.Saxena i/b. Mr.R.N.Sanghavi for applicant. Ms.P.U.Badadare i/b. Mr. P.R.Arjunwadkar for Respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. DATE : MARCH 30, 2009. P.C. : P.C. : P.C. : 1. The Order passed on 14th July, 2008 was an indulgence shown to the Petitioner. It was a conditional and self operative order. The explanation offered that due to oversight, the amount remained to be deposited in time will have to be stated to be rejected. However, as the advocate takes responsibility of the mistake and since the litigant should not suffer for the mistake of the advocate, in the interest of justice, Application is allowed in terms of prayer clauses (a) and (b) on condition that the Advocate on record for the 2 Applicant shall personally pay costs quantified at Rs.5,000/- to the High Court Legal Services Committee by tomorrow, failing which the Office shall proceed on the assumption that this Application is dismissed for non-prosecution and the earlier order to operate. 2. However, if the above condition is complied with, Writ Petition No.6932 of 2004 shall be treated as restored to the file to its original number, to be listed under caption "admission(after notice) on 21st April, 2009. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)