1 CAW1389.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1389 OF 2011 IN WRIT PETITION NO. 132 OF 2011 Maharashtra Suraksha Rakshak Mahasangh, Mumbai ... Applicant v/s 1. The Union of India & ors. ... Respondents Mr.G.S.Baj for the applicant. Mrs.S.I. Shah i/by S.I.Shah & Co. for respondent No.2. CORAM: A. M. KHANWILKAR & R. Y. GANOO, JJ. DATED: 15TH JULY, 2011 P.C.: 1. Heard counsel for the parties. 2. Primarily the writ petition came to be dismissed on account of default committed by the advocate for the petitioner. As it is a well established principle that the litigant should not suffer due to the mistake of the advocate, by way of indulgence and at the request of the advocate of 2 CAW1389.11 the petitioner, we allow the application and restore the writ petition by recalling the order dated 7.4.2011, but on condition that the advocate on record for the petitioner shall personally pay costs quantified at Rs.1000/- to the High Court Legal Services Authority within one week from today failing which the earlier order shall stand revived. It is further ordered that, in the event the advocate on record for the petitioner fails to appear on future date when the restored writ petition appears for hearing and the petition is dismissed for non-prosecution, the advocate on record for the petitioner shall be liable to pay costs for the restoration of the petition which will not be less than Rs.10,000/-, payable to the respondent Corporation. 3. Restored writ petition be listed for admission on 10.8.2011 ( R. Y. GANOO, J. ) (A.M.KHANWILKAR, J.) 3 CAW1389.11