(1) (925) AO 678/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Amk APPEAL FROM ORDER NO. 678 OF 2011 WITH CIVIL APPLICATION NO. 908 OF 2011 Shramik Gymkhana & Ors. .. Appellants Vs. The Municipal Corporation of Gr. Mumbai. .. Respondent Mr. C. K. Tripathi for the Appellant. Ms. K. K. Soran for the Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 17 th August, 2011. P.C. 1. The ad interim order passed on 24.03.2006 came to be vacated on 09.03.2011. Though that may have been for very sound reasoning, the trial was in progress at that time. The Plaintiff’s secretary was under cross-examination. It would be important for both parties to continue and complete the trial at the earliest itself. Hence the ad interim order shall be continued and the order of vacating the ad interim order shall be stayed pending the trial. Similarly the written statement sought to be filed by the Defendant in the Suit who is the Respondent herein shall be by consent allowed to be filed so that the trial proceeds on merits. The written statement shall be taken on record by the learned Judge. The Plaintiff’s witness shall be entitled to file a further affidavit of evidence, if any, required. The (2) (925) AO 678/11 trial itself shall continue expeditiously as a part heard matter. The Appeal is disposed of accordingly. 2. The Civil Application is disposed of accordingly. (ROSHAN DALVI, J.)