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.78 OF 2009 IN WRIT PETITION NO.907 OF 2007 Suryabhan Waman Gaikwad ..Applicant. V/s. Maharashtra State Finance Corporation Ltd. ..Respondent. Mr.Rahul Motkari i/b. Mr.V.Z.Kankaria for applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. P.C. : P.C. : P.C. : 1. The explanation offered in this Application is unacceptable. However, as the litigant should not suffer for the mistake of the advocate, by way of indulgence, this Application is allowed on condition that the Advocate on record for the Applicant shall personally pay cost quantified at Rs.1,000/- to the High Court Legal Services Committee within one week from today, failing which the earlier order shall stand revived. 2. If this condition is complied, fresh notice be issued to sole Respondent returnable on 6th March, 2009. 2 3. In that case, Petitioner to serve the Respondent by advocate’s notice either personally and/or by speed post and/or by email and/or by fax and file affidavit of service before the returnable date, failing which Petition to stand dismissed for non-prosecution without further reference to the Court. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)