(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1834 OF 2011 M/s. Kontak Comforts Pvt. Ltd., Through its Managing Director, Abhay s/o. Zumbarlal Kankriya, Age : 38 years, Occupation : Business, Having its Works at Wadgaon Amli, Nagar Kalyan Road, Taluka : Parner, Dist. : Ahmednagar, and its registered office at Jeevandhara, Manik Nagar, Ahmednagar, Through its authority holder Kailas s/o. Bansi Darkunde, .. Petitioner Age : - , Occupation : Service. (Original plaintiff) versus M/s. Siddharth Enterprises, Through its Owner and Director, Mr. Neeraj Jagwani, Age : - , Occupation : Business, R/o. 65/519, Road No.6, Motilal Nagar-1, Off. Link Road, Best Colony, Goregaon (West), .. Respondent Mumbai - 400 104. (Original defendant) ....................... (2) Mrs. M.D. Thube (Mhase), Advocate, for the petitioner. Mr. A.R. Kale, Advocate, holding for Mr. R.B. Deshmukh, Advocate, for the respondent. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 18TH APRIL 2011 COURT'S ORDER : 1. Heard Adv. Mrs. M.D. Thube (Mhase), for the petitioner, and Adv. Mr. A.R. Kale, holding for Adv. Mr. R.B. Deshmukh, for the respondent. 2. In the light of earlier order of this court dated 29th March 2011, during hearing, it has been pointed out to this court, that appeal against order, preferred by the petitioner, is admitted by this court and interim relief is granted in its favour. 3. In this situation, interest of justice can be met with by expediting proceedings in Trade Mark Suit No. 1/2009 on the file District Judge, Ahmednagar. Adv. Mr. A.R. Kale, appearing for the respondent, informs that written statement is placed on (3) record. Hence, the respondent is at liberty to raise all objections to that written statement. 4. As the suit can be decided expeditiously on merits, the impugned order dated 15-11-2010, passed by the learned District Judge-1, Ahmednagar, below Exhibit 13 in Trade Mark Suit No. 1/2009, is quashed and set aside. The filing of written statement renders the consideration of controversy raised in this petition infructuous. 5. The proceedings in Trade Mark Suit No. 1/2009 be decided as early as possible and in any case, by 31st December 2011. 6. Petition is accordingly disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp1834