IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 409 OF 2005 IN WRIT PETITION NO. 1606 OF 2003 RACHEL GUNTHER MATHAIS ... PETITIONER VS. MAHADEV R. MISHRA & Ors. ... RESPONDENTS Mr. A.S.Kamat i/b. Godfrey D’Silva for the petitioner/applicant. Mr. I.A.Sayyed for Respondents. CORAM CORAM CORAM: S.K.SHAH,J. S.K.SHAH,J. S.K.SHAH,J. DATE DATE DATE : 13th October,2005. 13th October,2005. 13th October,2005. P.C. P.C. P.C. 1. Heard. 2. This Notice of Motion is taken out for setting aside the order of dismissal for default and for restoration of the Writ Petition. 3. I have perused the affidavit in support of the Notice of Motion. The learned Counsel for the Respondents strongly objects to the restoration. The reason assigned is that the Advocate’s Court Clerk failed to inform the Advocate about the listing of matter on 13.7.2005 and due to absence of the Advocate, the matter could not be prosecuted and came to be dismissed for default. For the lapse of Advocate’s clerk the petitioner should not suffer. Therefore, I am inclined to set aside the order of dismissal and restore the Writ Petition to file. However, this has to be subject to the payment of costs. 4. The Notice of Motion is allowed with costs of Rs.3,000/- (Rupees three thousand only) to be paid within two weeks from today. -- (S.K (S.K (S.K.SHAH,J.) SHAH,J.) SHAH,J.)