1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.1937 OF 2008 IN CIVIL APPLICATION NO. 1383 of 2008 IN WRIT PETITION NO. 4497 of 2003 Mahesh C. Mathur .. Applicants versus Kakad Housing Corporation .. Respondents ... Mr.Sameer R. Bhalekar for the applicant. Mr.N.K. Mudnaney for respondent no.1. CORAM : A.M.KHANWILKAR, J DATED : 28th August 2008 P.C.: 1. Although the explanation offered in this application is unacceptable, however, the litigant should not suffer for the mistake of the advocate. This application is made absolute in terms of prayer 2 clauses (a) on condition that the advocate on record at whose instance the default has been committed shall personally pay costs quantified at Rs.1,000/- to the High Court Legal Services Authority. It is once again made clear that the amount of costs shall not be recovered from the party but be paid by the advocate. Payment of costs within one week from today is condition precedent for showing this indulgence. If costs is not paid in time, application may be treated as having been dismissed for non prosecution. (A.M. KHANWILKAR, J)