1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO. 105 OF 2007 MOTION NO. 105 OF 2007 MOTION NO. 105 OF 2007 inin in PETITION PETITION PETITION NO. 187 OF 2004 NO. 187 OF 2004 NO. 187 OF 2004 Re Re Re Samita Bejai Samita Bejai Samita Bejai ...... Debtor Debtor Debtor Exparte: Exparte: Exparte: S.K.Bangera S.K.Bangera S.K.Bangera .. Petitio.Crs .. Petitio.Crs .. Petitio.Crs Mr.R.L.Majgaonkar Mr.R.L.Majgaonkar Mr.R.L.Majgaonkar for for for Petitio.Crs Petitio.Crs Petitio.Crs CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATED DATED DATED : : : 15th January, 2008 15th January, 2008 15th January, 2008 P.C. P.C. P.C. 1.1.1. Athough the explanation offered in support of Athough the explanation offered in support of Athough the explanation offered in support of this this this motion is unacceptable and is not sufficient motion is unacceptable and is not sufficient motion is unacceptable and is not sufficient cause, cause, cause, however, for the mistake of the advocate as however, for the mistake of the advocate as however, for the mistake of the advocate as the the the litigant litigant litigant should not suffer, this application is should not suffer, this application is should not suffer, this application is allowed allowed allowed in terms of prayer clauses (a) and (b) on in terms of prayer clauses (a) and (b) on in terms of prayer clauses (a) and (b) on condition condition condition that the advocate on record for the that the advocate on record for the that the advocate on record for the petitioning petitioning petitioning creditor shall personally pay costs creditor shall personally pay costs creditor shall personally pay costs quantified quantified quantified at Rs.2500/- to the High Court Legal at Rs.2500/- to the High Court Legal at Rs.2500/- to the High Court Legal Services Services Services Committee with one week from today. Committee with one week from today. Committee with one week from today. Payment Payment Payment of costs shall be condition precedent. If of costs shall be condition precedent. If of costs shall be condition precedent. If that that that condition is complied, Petition No. 187 of condition is complied, Petition No. 187 of condition is complied, Petition No. 187 of 2004 2004 2004 be listed for hearing as per its turn. be listed for hearing as per its turn. be listed for hearing as per its turn. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J) 2