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 COMPANY APPLICATION NO.1540 OF 2008 IN COMPANY PETITION NO.410 OF 2006 M/s.Rohit & Co. ..Petitioner V/s. Devedra Machinery & Fabricators Pvt.Ltd...Respondents. Mr.Kezer Kharawala i/b. R.K.Associates for petitioner. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : APRIL 9, 2009. : APRIL 9, 2009. : APRIL 9, 2009. P.C. P.C. P.C. : : : 1. Explanation offered in the affidavit in support of this Application is unacceptable. However, as the litigant should not suffer for the mistake of the advocate, the Application is allowed in terms of prayer clauses (a) and (b) on condition that the Advocate on record for the Applicant shall pay costs quantified at Rs.5,000/- to the High Court Legal Services Committee within two weeks from today. Payment of costs is condition precedent. 2. Besides depositing the amount as aforesaid, the Applicant shall file affidavit of service in the restored Company Petition after taking steps to serve the Respondent afresh. That be done by advocate’s 2 notice either personally and/or by speed post and/or by courier and/or by email and/or by fax and file affidavit of service before the returnable date. within 4 weeks from today. 3. The restored Company Petition be listed on 18th June, 2009, subject to above. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)