1 850.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.850 OF 2011 WITH CIVIL APPLICATION NO.193 OF 2011 IN WRIT PETITION NO.3865 OF 2010 Sou.Pushpabai Dnyandeo Kharade ...Applicant Versus State of Maharashtra & Ors. ...Respondents ...... Mr.R.V.Bansode for Applicant. Mr.C.R.Sonawane, A.G.P. for State. ...... CORAM:- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATED:- APRIL 25, 2011. P.C. 1. Writ Petition No.3865/2010 was dismissed for default on 5th October, 2010. The petitioner took out application for restoration of the Writ Petition being Civil Application No.193/2011 stating that on the relevant date, the Advocate had to suddenly go out of station. However, the said Civil Application No.193/2011 came to be dismissed once again for default on 14th February, 2011. For that reason, Civil Application No.850/2011 has been filed for recall of order dated 14th February, 2011. In this Application, it is stated that on 14th February, 2011, the Board notified the matter at two 2 850.11 different positions and by the time, the Counsel for the applicant could reach when the matter was called out at Serial No.29, the same was already dismissed for default. In effect, the ground for restoration is one of mistake committed by the Advocate. As the litigant should not suffer for the mistake of the Advocate, by this common order, we allow both the Applications being Civil Application No.850/2011 as well as Civil Application No. 193/2011 and instead, restore the Writ Petition No.3865/2010 to its original number to be proceeded further for admission. This indulgence is, however, shown on condition that the Advocate on record for the applicant shall personally pay cost quantified at Rs.1,000/- (Rupees One Thousand) to High Court Legal Services Committee within one week from today, failing which, the earlier order will stand revived. The cost paid shall not be recovered from his client. 2. Subject to above, Writ Petition be listed on 20th June, 2011. (MRS.MRIDULA BHATKAR, J.) (A.M.KHANWILKAR, J.)