The court allowed the withdrawal of the appeal after noting compliance with the interim injunction and emphasizing trial expeditiousness.

ORDER

1. Heard Mr. Akshay Vakil, the learned counsel appearing for the appellant and Mr. Kamal Upadhyaya, the learned counsel appearing for the respondent.

2. This Appeal From Order is at the instance of the original defendant being aggrieved by the order dated 30.01.2021. The operative part of the order dated 30.01.2021 passed below Exh.5 reads thus:(true translation) “ ORDER

1) The present interim injunction application of Exhibit-5 of the plaintiff is hereby allowed.

2) It is hereby ordered that the defendant himself or through his representatives or agents, shall not sell Crispy Paatraa in the food packet of the label produced at Mark-3/2 till the final disposal of this suit. Cost shall follow the suit.

Pronounced this order in the open court today on 30th January, 2021.

Date: 30/01/2021 Sd/- (Illegible) Bardoli (Babubhai Lavjibhai Chaudhari) Second Additional District Judge, Surat At: Bardoli, District: Surat U.I. Code No.GJ00438”

3. Mr. Vakil, the learned counsel submits that the appellant has complied with the order dated 30.01.2021 passed by the Court below by changing the label immediately after the order was passed.

4. In view of above, Mr. Vakil, the learned counsel appearing for the appellant seeks permission to withdraw the present Appeal From Order. Mr. Vakil, further submits that the trial be expedited.

5. Permission, as sought for, is granted. The present Appeal From Order stands disposed of as withdrawn.

6. If the appellant file an application to expedite the trial, the trial Court may consider the same taking into consideration the pendancy of the cases before trial Court.

(VAIBHAVI D. NANAVATI,J) NEHA