1 224 ao.122.05 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 122 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders None for the Appellant. Mr. H.W.Kane for Respondent No.1. Mr. Madhav Jamdar for Respondent Nos.2 to 4. CORAM : A.S.OKA, J. DATE : 28 th March, 2011. P.C. 1 None appears for the Appellant when the appeal from order is called out for final hearing. The learned counsel appearing for Respondent No.1 is present. The learned counsel appearing for Respondent Nos.2 to 4 is also present. 2 The challenge in this appeal from order is to the order passed by the trial Court on application for temporary injunction. By the impugned order, the application for temporary injunction has been dismissed. The learned counsel appearing for Respondent No.1 pointed out that this Court has not granted any interim relief in this Appeal. As a result, from 9 th August, 2004 till today, there is no interim relief operating in favour of the Appellant. 2 224 ao.122.05 3 At this stage, no case is made out to interfere with the discretionary and equitable order passed by the trial Court. However, in view of the decision of the Apex Court in the case of Bajaj Auto Limited Vs. TVS Motor Company Limited, [(2009) 9 Supreme Court Cases 797], hearing of the suit will have to be expedited. Accordingly, the appeal from order is dismissed with no order as to costs. 4 The trial Court will make an endeavour to conclude the hearing of the suit within a period of four months from the date of receipt of writ of this order. [ A.S.OKA, J ]