IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2174 OF 2009 Fakhruddin Mohsinbhai & Anr. ...Petitioners V/s. Mercantile Industrial Development Co.Pvt.Ltd. ...Respondents ...... Mr.Tushar Goradia for Petitioners. Mr.D.J.Lulia for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 31, 2009. MARCH 31, 2009. MARCH 31, 2009. P.C. 1. Heard Counsel for the parties. 2. There is substance in the stand taken by the Petitioners that the finding recorded in Paragraph 6 of the impugned order that the Petitioners had failed to disclose about the dismissal of earlier Misc.Application No.329 of 2005 is incorrect. In that, that fact is mentioned in the affidavit in support of the Application in : 2 : Paragraph 4. Even then, having regard to the other fact recorded by the Court below that no sufficient cause has been made out to substantiate the position that the Petitioner No.2 was not keeping good health or the stand taken in respect of the default of the Advocate, that finding needs no interference. Besides, I am in agreement with the submission advanced by the Counsel for the Respondents that no explanation is offered as to what prevented the Petitioner No.1 who was otherwise available to pursue the remedy with utmost despatch especially when the decree has already been executed in August 2003. Significantly, the order impugned in this Petition was passed as back as on 16th February 2008 whereas, the present Petition has been filed on 29th January 2009. Once again, no explanation is forthcoming which can be accepted as sufficient cause for such inaction and casual approach of the Petitioners. 3. In the circumstances, no indulgence can be shown to the Petitioners. Hence, this Petition fails. : 3 : 4. The amount deposited by the Petitioners in terms of order dated 4th March 2009 be made over to the Respondents if such request is made within two weeks from today failing which, the Office shall transfer the said amount to High Court Legal Services Committee towards cost of this proceedings. A.M.KHANWILKAR, J.