When the matter came up for admission hearing, Mr.Kamal Trivedi, learned Senior Counsel and Mr.Vikram Nandkani, learned Senior Counsel with learned advocate Mr.Hardik Modh for the appellant and Mr.K.S.Nanavati, learned Senior Counsel and Mr.R.R.Marshal, learned Senior Counsel with learned advocate Mr.Keyur Gandhi for Nanavati Associates for the respondent no. 1 mutually agreed that the appellant-original defendant no.1 shall file his reply to the temporary injunction application Exh.5 in R.C.S. No.16/12 on 07.05.2012 before the Trial Court and on 14.05.2012, the respondent no.1 herein original-plaintiff may file his rejoinder, if any, and the Trial Court may be directed to expedite the hearing of the temporary injunction application Exh.5 and it is further requested that the Trial Court may be directed to dispose of the application Exh.5 after hearing both the sides, as expeditiously, as possible and within the time, which may be fixed by this Court.
Upon such statement being made, the instant Appeal from Order with the Civil Application for stay stand disposed of and both the parties are directed to adhere to the above mentioned time schedule and the Trial Court is directed to expedite the hearing of the temporary injunction application Exh.5 in the aforementioned suit and shall dispose of said application in accordance with law on or before 15.06.2012.
Both the parties shall cooperate the Trial Court for expeditious disposal of the application Exh.5. It is hereby made clear that this Court has not examined the merits and the Trial Court shall dispose the temporary injunction application Exh.5 in accordance with law, uninfluenced by the fact that instant Appeal from Order was filed and the above order is passed.
Direct service is permitted, today. Accordingly, Appeal from Order and the Civil Application for stay stand disposed of.
(J.C.UPADHYAYA,J.) Girish Top