: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.65 OF 2009 IN CONTEMPT PETITION NO.128 OF 2008 Santacruz Rameswar Premises Co-op. Soc. Ltd. .. Applicants V/s. Bharat B. Wadhawa .. Respondent Ms. Hina Mody for the Applicants. Mrs. L.B. Makhijani i/b. Mr. U.G. Tahiliani for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 4 TH DECEMBER, 2009. P.C.: 1. The Civil Application has been filed for restoring the Contempt Petition which was dismissed for non payment of Bhatta charges. The Contempt Petition was dismissed on 17th October, 2008. It appears that there is a delay of 293 days in moving the present Civil Application. 2. The applicant-Society has stated that it became aware of the order having been passed only on 20th August, 2009. They were not aware of the conditional order which had been passed earlier : 2 : and, therefore, Bhatta has not been paid. It is also stated in the Civil Application that it is a bonafide mistake of the Advocate’s Clerk in not paying the Bhatta charges within the stipulated time and, therefore, it is submitted that the delay be condoned as well as the Contempt Petition be restored to file. 3. Although the Civil Application is vehemently opposed by the learned Advocate for the respondent, in my opinion, the Civil Application needs to be allowed. The Civil Application cannot be rejected because of the mistake of the Advocate’s Clerk. 4. Accordingly, the Civil Application is allowed in terms of prayer clauses (a) and (b). 5. The Advocate for the applicants to pay Bhatta charges within a week from today. .......