1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.113 OF 2008 Deccan Bottling and Distilling Industries Pvt.Ltd., a Private Limited Company incorporated under the Companies Act, 1956 having its Registered Office at E-45, Chikalthana, Aurangabad, Dist. Aurangabad APPELLANT VERSUS The Kopargaon Sahakari Sakhar Karkhana Ltd., A Co-operative Society registered under the Bombay Co-operative Societies Act, 1925 and deemed to be registered under the Maharashtra Co-operative Societies Act, 1960, having its officer at Gautam Nagar, Post-Kolpewadi, Tq.Kopargaon, Dist. Ahmednagar Through its Managing Director. RESPONDENT Mr.P.K.Joshi, learned counsel for appellant. Mr.R.N.Dhorde, learned counsel for respondent (CORAM : A.V.POTDAR, J.) DATE : 15/04/2010 2 PER COURT : 1. By the present AO, the appellant/original defendant has assailed the order passed below Exh.5 in RCS No.3/2007, pending on the file of Additional District Judge, Kopargaon, by which the appellant/ original defendant is prohibited from using identical/ deceptive labels which the respondent/plaintiff is using. In the said suit, this injunction order was granted on 22/10/2008. The said suit was filed by respondent/plaintiff for perpetual injunction, as well as for damages. Whether there are damages caused to the appellant/respondent due to use of identical/deceptive lables used by the appellant/defendant, it can be decided only after full-fledged inquiry and after giving an opportunity to both the sides. Considering this aspect, when it is suggested to both the parties that this is the only suit, on the file of Additional District Judge, Kopargaon, whether the parties are agreed, if the hearing of suit itself will be expedited with directions to dispose of the suit within the stipulated period, to which both the parties have consent. 2. Rule discharged. 3. In view of this, the AO to be disposed of with following directions, without touching to the merits of this case. Hence order : O R D E R 1. AO is disposed of in the following terms. 2. Additional District Judge-1 Kopargaon to decide RCS No. 3/2007, pending on his file expeditiously within the period of 6 3 months, but on or before 31/10/2010. 3. Parties to co-operate learned Trial Court to dispose of the pending suit RCS No.3/2007 expeditiously. 4. All the contentions raised by both the parties are kept open, subject matter of the Trial Court in the said civil suit. 5. AO stands disposed of in terms of above order. 6. Parties to appear before the Lower Court on 29/04/2010. 7. Parties to act on the authenticated copy of this order, duly signed by Shirastedar of this Court. (A.V.POTDAR, J.) khs/APRIL 2010/ao113-08