1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Miscellaneous Civil Application No. 750/2007 ( Mahadeo Istari Urkudkar VERSUS Mohammad Ali Faiz Ali Sayad & another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Solao, Advocate for the appellant. CORAM : Smt. Vasanti A. Naik, J. DATE : 9 th AUGUST, 2007. It is not necessary to issue notice to the non- applicant on this civil application as the non-applicants had not put in their appearance in the Second Appeal No. 597/2006 before it was dismissed in default for want of prosecution on 06.07.2007. heard the learned counsel for the applicant. I have also perused the contents of the civil application. It is stated in the civil application that the counsel was out of station to attend the marriage of his brother's daughter, and therefore, failed to remain present on 06.07.2007. It is further stated in the civil application that a Counsel Note was also filed in this Court. The two aforesaid grounds are not enough for restoring the second appeal. The counsel for the appellant should have made some alternate arrangement for getting the matter adjourned to some subsequent date. Since the client must not suffer for the mistake of its counsel, it is necessary to restore the second appeal only in case, the appellant pays the costs of Rs.2,000/- (Rupees Two Thousand only) which this Court had imposed while passing the order of dismissal on 06.07.2007. 2 Shri Solao, the learned counsel for the appellant, submits that the costs of Rs.2,000/- (Rupees Two Thousand only) would be deposited in the Court within a period of two weeks' from today. The second appeal should be restored to file only after the costs of Rs.2,000/- (Rupees Two Thousand only) are paid by the applicant. The miscellaneous civil application is allowed on the aforesaid terms and disposed of. JUDGE APTE