: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.123 OF 2006 IN APPEAL FROM ORDR NO.19 OF 2006 WITH CIVIL APPLICATION NO.404 OF 2002 Union of India, through the Commanding Officer, Supply Depot A.S.C. Pune. .. ..Applicant Versus M/s. Tarlochansingh & Sons & Ors. ..Respondents Mr.Y.S.Bhate i/b (Dr.) T.C. Kaushik for applicant CORAM : A.M.KHANWILKAR,J. DATE : 8TH FEBRUARY, 2006. P.C.: 1. Perused the application preferred on behalf of the appellant. 2. The lapse committed in attending to the matter as explained in the application is not acceptable. From the reasons mentioned in the application, it does appear that the papers of the matter were already entrusted to the concerned advocate long back in January 2005. The fact remains that although the matter was notified on the Board : 2 : the same was not taken note of by the office of the advocate on record. Mr.Bhate appears, as panel counsel, unless he is informed by the office of the advocate on record of the appellant about the listing of the matter, it is not possible for him to pursue the matter when listed before the court. Mr.Bhate has been informed about the listing of the matter only on 27.1.2006 at around 12.30 noon by which time the board had already reached upto Sr.No.40, whereas the matter in question was listed at Sr. No.45. The matter was kept back and by way of indulgence to the advocate Mr.Bhate, adjournment was granted on condition of payment of costs by the officer incharge of distributing the briefs. 3. The case made out in the application is that the officer incharge Shri S.S.Sarkar had gone to his native place at Calcutta on Friday i.e. 27th January 2006, as his father was seriously ill and is now dead. The said officer is still at his native place. For the difficulty pointed out by the advocate on record on affidavit in application as well as difficulty of the panel counsel appearing before the court seems to be justified. For the mistake committed by the attending officer in the office of the advocate on record during his absence, the request : 3 : in this application to recall the order of requiring the Officer Shri S.S.Sarkar to pay costs quantified at Rs.3000/= is granted on condition that the said Shri Sarkar will take appropriate action against his subordinate officer, who was responsible to watch the matter and inform the panel counsel, especially when the matter was notified on the board. Compliance report in this behalf be submitted before the next date of hearing of the appeal. This application is disposed of in the above terms. Appeal from Order to be placed under appropriate caption for admission on 22nd February ,2006.