1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.52 OF 2009 WITH WRIT PETITION NO.2444 OF 2007 Indian Institute of Education, a Public Trust and a Society. ..Applicant. V/s. Smt.Parimal Bharatiya d/o Nathuram Bharatiya & Ors. ..Respondents. Mr.C.U.Singh, Sr.Counsel with Mr. Neel Helekar with Neha Mehta i/b. M/s.Haresh Mehta & Co. for applicant. Mr.P.S.Dani for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. P.C. : P.C. : P.C. : 1. Although the explanation offered in the Application is unacceptable; coupled with the fact that the Counsel for the Respondent is not opposing this application, even so, as the litigant should not suffer for the mistake of the Advocate, Application is made absolute in terms of prayer clauses (a) and (b) on condition that the advocate on record for the Applicant shall pay costs quantified at Rs.1,000/- to be paid to the High Court Legal Services Committee within one week from today. Payment of cost is condition precedent for showing this indulgence to 2 the Applicant, failing which the earlier order shall stand revived. 2. In case earlier order stands revived, the Writ Petition be treated as having been dismissed for non-prosecution, as it already stands dismissed against the Respondent No.1 who is the contesting Respondent. 3. In case, steps are taken in time, Writ Petition be listed on 22nd January, 2009 under appropriate caption. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)