1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.542 OF 2008 IN WRIT PETITION NO. 2438 of 2007 Kailash Waman Devade .. Applicant versus Radhesham Rangnath Kadam & ors. .. Respondents ... Mr.S.M. Sabrad for the applicant. Mr.A.G. Toraskar for respondent no.1. Mr.S.M. Gorwadkar for respondent no.3. CORAM : A.M.KHANWILKAR, J DATED : 14th July 2008 P.C.: 1. Although the explanation offered in this application is unacceptable,however, as the litigant should not suffer for the mistake of the advocat, this application is made absolute in terms of prayer clause (b) on condition that the advocate on record 2 at whose instance the default has been committed shall personally pay costs quantified at Rs.1,000/- to the High Court Legal Services Committee. 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 two weeks 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. (A.M. KHANWILKAR, J)