mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE CIVIL APPLICATION NO. 2068 of 2005 IN WRIT PETITION NO.10703 OF 2004 Harishchandra Pandurang Parhad .. Applicant versus Tarabai Budhaji Sutar .. Respondent ... Mr.Sandesh D. Patil for the applicant. Mr.Sandesh More for respondent nos.1 to 3. CORAM : A.M.KHANWILKAR, J DATED : 14th July 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 clauses (a) 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 Committee. 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 two weeks 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)