1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.721 OF 2010 IN WRIT PETITION NO.3130 OF 1998 Avinash Trimbak Namjoshi : Petitioner versus Indian Oil Corporation Ltd and anr. : Respondents. Mr.Nitin P Deshpande for the Applicant Mr.Mohandas i/by M/s.Little & Co. for Respondent No.2. Mr.Shivardhan Deshpande i/by M/s.Negandhi, Shah & Hidayatullah for the Respondent No.1. CORAM : A M KHANWILKAR & R M SAVANT, JJ DATED : 22nd March 2010 P.C. 1. This is an application for restoration of the Writ Petition which was dismissed on 3 rd March 2010 for default. 2. The learned counsel for Respondent No.1 has opposed this application on the ground that even on the earlier occasion the writ petition was dismissed for default and was required to be restored. We find merit in this objection. However, as litigants should not suffer for the mistake of the advocates, we are inclined 2 to allow this civil application in terms of prayer clause (a) on condition that the advocate on record for the applicant shall personally pay the costs as quantified at Rs.5000/- to the Respondent No.1. 3. The learned counsel for Respondent No.2 has submitted to the orders of Court and does not insist for the costs. 4. The Civil Application is allowed on the above condition. The costs to be paid within one week from today to the Respondent No.1. The Civil Application is accordingly disposed of. (R M SAVANT, J.) (A M KHANWILKAR, J)