: 1 : nms-242-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 242 OF 2011 IN WRIT PETITION NO.2945 OF 1999 Sharad M. Jadhav ..Petitioner v/s. Hindustan Petroleum Corporation Ltd. & Ors. .. Respondents ......... Mr. Prakash Mahadik for the petitioner in support of NMS Mr. Minoo Siodia a/w Nikhil Agarwal & Kaushik N. Singh i/b Rustamji & Ginwala for respondent no.1. ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 13th JUNE, 2011. P.C. : 1. Heard Counsel for the parties. Although, this motion has been vehemently resisted by the Counsel for the respondents on the ground that there is long delay of over 1600 days, by way of indulgence and in the interest of justice, we are inclined to allow this motion in terms of prayer clauses (a) and (b). In our opinion, litigant should not suffer for the mistake of the advocate. Advocate appearing in support of this motion, in all fairness, accepted that it was his mistake, which resulted in dismissal of the main Writ Petition as also : 2 : nms-242-11=.sxw inaction in taking out the present motion. 2. Accordingly, the motion is made absolute on condition that the advocate shall personally pay costs quantified at Rs.7,500/- to the respondent for this emerge. 3. Amount be paid within one week from today, failing which petition to stand dismissed without further reference to the Court. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)