1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.508 OF 2009 IN WRIT PETITION NO.90 OF 2006 Mr.Rajaram Ramdular Sharma. ..Applicant. V/s. Shri Subhash B.Alulkar & Anr. ..Respondents. Mr.L.K.Tripathi for applicant. Mr.R.C.Kaushik for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 17, 2009. DATE : MARCH 17, 2009. DATE : MARCH 17, 2009. P.C. : P.C. : P.C. : 1. Inspite of service no reply has been filed. Counsel for the Respondent states on instruction that the Respondent has not been served. This stand is contrary to the record of this Court. In the circumstances, the Court will have to proceed with the hearing of the Application which has been filed as back as on 12th March, 2007. The delay in filing this Application is only of six days. In the circumstances, in the interest of justice, delay is condoned. Insofar as explanation offered by the Applicant, the same is unacceptable. However, as the litigant should not suffer for the mistake of the advocate, indulgence is shown to the applicant by 2 allowing this Application in terms of prayer clauses (a) and (b) on condition that the Applicant shall pay cost quantified at Rs.2,500/- to the High Court Legal Services Committee within one week from today, failing which the earlier order shall stand revived. 2. If steps are taken in time, Writ Petition be listed for admission on 21st April, 2009. 3. No interim relief at this stage. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)