IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.785 OF 2008 IN CIVIL APPLICATION NO.1265 OF 2006 IN WRIT PETITION NO.5716 OF 1995 Smt.Gangabai Sobhachand Bhandari & Others ...Applicants Versus Shri Subhash Sitaram Goyal & Ors. ...Respondents ...... Mr.S.V.Pitre for Applicants. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 24, 2008. JULY 24, 2008. JULY 24, 2008. P.C. P.C. P.C. 1. Although the explanation offered in this Application is unacceptable, however, as the litigant should not suffer for the mistake of the Advocate, Application allowed in terms of prayer clause (a) and (aa), on condition that the Advocate on record for the Applicants shall personally pay cost quantified at Rs.1,000/- (Rupees One Thousand) : 2 : to the High Court Legal Services Committee within one week from today. It is made clear that cost paid by the Advocate on record shall not be recovered from his clients. 2. If steps are taken in time in terms of this order, Civil Application No.1265 of 2006 be listed on 14th August 2008 subject to Applicants removing all office objections including assuring service of the said Application on the Respondents on or before 11th August 2008. The Applicants will be free to serve the concerned Respondents by Advocate’s notice, either personally or by courier/speed post/ e-mail/fax, and shall file an affidavit of service before the returnable date, failing which, Application to stand dismissed for non-prosecution without further reference to the Court. A.M.KHANWILKAR, J.