Single-judge High Court Bench allowed an application to restore a petition to the file. The court condoned a delay caused by an advocate's mistake, requiring payment of costs.
Application allowed; Writ Petition No.693 of 2004 restored to file; Applicant to pay Rs.5,000/- costs by the next day.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.617 OF 2009
IN
CIVIL APPLICATION NO.2887 OF 2006
IN
WRIT PETITION NO.693 OF 2004
Mahavir Feeds. ..Applicant.
V/s.
Jivraj Raoji Gandhi. ..Respondent.
Mr.S.P.Saxena i/b. Mr.R.N.Sanghavi for applicant.
Ms.P.U.Badadare i/b. Mr. P.R.Arjunwadkar for
Respondent.
CORAM: A.M.KHANWILKAR,J
DATE : MARCH 30, 2009.
P.C. :
1. The Order passed on 14th July, 2008 was an
indulgence shown to the Petitioner. It was a
conditional and self operative order. The
explanation offered that due to oversight, the amount
remained to be deposited in time will have to be
stated to be rejected. However, as the advocate
takes responsibility of the mistake and since the
litigant should not suffer for the mistake of the
advocate, in the interest of justice, Application is
allowed in terms of prayer clauses (a) and (b) on
condition that the Advocate on record for the
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Applicant shall personally pay costs quantified at
Rs.5,000/- to the High Court Legal Services Committee
by tomorrow, failing which the Office shall proceed
on the assumption that this Application is dismissed
for non-prosecution and the earlier order to operate.
2. However, if the above condition is complied
with, Writ Petition No.6932 of 2004 shall be treated
as restored to the file to its original number, to be
listed under caption "admission(after notice) on 21st
April, 2009.
(A.M.KHANWILKAR,J)
1 issue framed by the court
Whether an application seeking restoration of a writ petition due to an advocate's oversight in non-payment of costs should be allowed in the interest of justice.
Mahavir Feeds
Jivraj Raoji Gandhi
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court