1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.557 OF 2008 IN WRIT PETITION NO.2581 OF 2007 Mahadeo G. Desai & Anr. ..Petitioners. V/s. Municipal Corporation of Gr.Mumbai & Ors. ..Respondents. Mr.Pradeep J. Thorat for petitioner. Mr.N.A.Shaikh for Respondent Nos.1 and 2. Mr.A.A.Garge for Respondent No.6. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : DECEMBER 19, 2008. : DECEMBER 19, 2008. : DECEMBER 19, 2008. P.C. P.C. P.C. : : : 1. Even though the reasons mentioned in the affidavit in support of the Motion is not sufficient cause, by way of indulgence and in the interest of justice, as the litigant should not suffer for the mistake of the Advocate, Motion is made absolute in terms of prayer clause (a) on condition that the Advocate for the Petitioner shall personally pay cost to the Respondent Nos.1 and 2 who had made appearance on the given date, quantified at Rs.1,000/- within three weeks from today. Payment of cost is condition precedent for showing this indulgence. Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)