1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3722 OF 2008 (Simple Food Products (P) Ltd. vs. Bhandara Zilla Dugdha Utpadak Sahakari Sangh Maryadit ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 24, 2008. This Court has issued notice for final disposal. Nobody appeared for the respondent on 26.9.2008. Today again, there is no appearance. Shri Purohit, learned counsel for the petitioner states that the petitioner, who is resident of Nagpur, was dependent on the Advocate of Bhandara and the advocate mentioned therein did not communicate the progress and kept petitioner in dark. The suit came to be proceeded further and the petitioner – defendant was not given an opportunity to cross examine PW-1 and other witnesses of plaintiff. Hence, the application was moved seeking permission to cross examine them and by the impugned order dated 21.6.2008, the application came to be dismissed. He contends that it was the error or negligence on the part of the advocate representing the petitioner at Bhandara that has contributed to all this and the petitioner cannot be 2 made to suffer for the fault on the part of his advocate. In view of the application filed before the trial Court and no reply filed refuting those facts on affidavit by present respondent before the trial Court or then before this Court, I am inclined to grant the petitioner one opportunity to cross examine those witnesses. However, the same shall be subject to deposit of an amount of Rs.15,000/- with the Court of 4th Joint Civil Judge, Junior Division, Bhandara, within a period of four weeks from today. If the amount is so deposited, the trial Court shall permit the petitioner to cross examine the witnesses for plaintiff and his other witnesses and then shall proceed with the trial of suit in accordance with law. The amount deposited shall be invested in any Nationalised Bank for a period of one year and party succeeding in the suit shall be entitled to withdraw that amount. The proceedings in the suit are expedited and Court below to make an attempt to decide the suit within the said period of one year. Writ Petition is disposed of. Rule accordingly. JUDGE *GS.