1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.796 OF 2010 IN WRIT PETITION NO.3757 OF 1992 Yogendra H. Parmar ...Applicant vs. Mohamedbhai Damania & Ors. ...Respondents Mr.K.P.Anilkumar for the Applicant Mr.Arun Mehta a/w Ms Sonali Patil i/b Akshar Laws for respondent No. 1(A) CORAM :A.S.OKA,J. DATE : MARCH 30, 2010 P.C. 1 Heard the learned counsel for the applicant and the learned counsel for the respondents. Civil application no.1185 of 2005 filed by the applicant for bringing on record the legal representatives of the respondent no.1 in the writ petition was dismissed for non prosecution in view of order dated 25th April 2008 passed by this Court. The application was dismissed as Bhatta could not be paid within stipulated time.As Advocate on record failed to pay the Bhatta Charges, obviously the litigant cannot be allowed to suffer. Hence, a case for restoration of the civil application is made out. 2 Civil Application is allowed in terms of prayer clauses (a) and (b) subject to condition of the applicant paying Bhatta Charges within a period of three weeks from today. If Bhatta charges are not paid within stipulated time, conditional order dated 25th April 2008 will stand. If Bhatta charges are paid within stipulated time, notice of Civil Application no.1185 of 2005 shall be issued to the respondents therein returnable on 11th June 2010. JUDGE 2