1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION (ST) NO.4181 OF 2007 IN CIVIL APPLICATION NO. 213 OF 2007 IN A.O. NO.143 OF 2007 Manfred Keiler ....Applicant. V/s Bharat Hotels Ltd. & Anr. .... Respondents. ------------------------------------------------------------------------------------- ----------- Office Notes, Office Memorandum Court’s or Judge’s orders. of Coram, appearances, Court’s orders or directions and Registrars orders. ------------------------------------------------------------------------------------- ----------- Mr. Ahmed Abdi i/b Abdi & Co. for the Applicant. Mr. R.N. Narula with Mr. A. Dasgupta for Respondents. CORAM: A.M. KHANWILKAR, J. DATE : 27th February, 2007 P.C: 1. Ordinarily, after the proceeding is dismissed for non- prosecution if it were to be 2 mentioned for restoration and sufficient ground is made out, this Court always shows indulgence for mistake of advocate in not appearing before the Court when the matter is called out. In the present case, explanation offered by the advocate is not acceptable. It is vaguely stated that he was busy elsewhere. Such explanation cannot be entertained. However, as the litigant should not suffer for the mistake of advocate, application is allowed on condition that the applicant should pay costs quantified at Rs 5000/- to the High Court Legal Services Committee in the course of the day. 2. Subject to above, A.O. No. 143 of 2007 be listed tomorrow i.e. On 3 28/2/2007 for admission. A.M. KHANWILKAR, J.