Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 2158 of 2008 IN WRIT PETITION NO. 2067 of 2008 Kolhapur Municipal Corporation ...Applicant V/s. Ayesh Yusuf Thodage & ors. ...Respondents S.S.Patwardhan for the applicant. S.D.Rayrikar, AGP for respondent no.2. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 23RD JANUARY, 2009 : 23RD JANUARY, 2009 : 23RD JANUARY, 2009 P.C. . The explanation offered is not acceptable. Inspite of one indulgence shown and the Board notified that no request for pass over or adjournment will be entertained, it is unfathomable that the Advocate will not take minimum precaution of atleast requesting the Court on his behalf when the matter is called out, that he was infact on his legs in some other Court in item no. 1 listed on the same day. Even that minimum courtesy was not shown to the Court. However, as the litigant should not suffer for the mistake of the Advocate, application is allowed in terms of prayer clause (a) on condition that the Advocate on record for the applicants/petitioners shall personally pay cost quantified at Rs. 1000/- to the High Court Legal Services Committee within one week from today failing 2 which the earlier order shall stand revived. 2. If cost is paid in time, writ petition be treated as restored to the file to be listed for admission on 5th February, 2009. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]