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.119 OF 2007 IN APPEAL FROM ORDER NO.18 OF 2007 Chandrakant R. Borahade & Ors. ..Applicant. V/s. Shri Dhananjay @ Bhau Baban Boradhade & Ors. ..Respondents. Mr. Sandeep Naik for N.V.Vechalekar for applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 21, 2007. DATE : FEBRUARY 21, 2007. DATE : FEBRUARY 21, 2007. P.C. : P.C. : P.C. : 1. None appears. Dismissed for non-prosecution. 2. Later on Mr.Naik, advocate for applicants appeared and mentioned the matter for restoration of the application, as he was held up in some other court. For the reasons mentioned across the bar, request for recalling the order passed in morning session is accepted. Accordingly, civil application is restored to the file to its original number and heard immediately. 3. The explanation offered in this application is unacceptable. The advocate cannot give preference 2 to appear before the subordinate court and ignore to appear before this court. However, as the litigant should not suffer for mistake of the advocate on record, this application is allowed in terms of prayer clause (a) on condition that advocate on record shall personally pay costs quantified at Rs.2,000/- to the High Court Legal Services Committee within one week from today, failing which earlier order will stand revived.