1. At the time of issuing notice in the SLPs, this Court, on
29th of September, 2008, passed the following order:-
“There shall be stay of operation of the impugned
order for a period of two months from this date on
condition that the petitioners shall deposit half of the
amount awarded by the High Court in the Reference
Court within one month from this date”
2. The respondents have now filed the Interlocutory
applications (IA No. 1&2 in SLPs 23378-79/2008, IA Nos.
3&4 in SLPs 24391-24392/2008), seeking release of pre-
deposit amount in terms of the above order granted on 29th of
September, 2008 and IA Nos. 3-4 in SLPs 23378-79/2008 for
permission to file additional documents.
Before us, Ms. Kiran Suri, learned counsel appearing on
behalf of the petitioner submitted on instructions that in
compliance with the aforesaid order of this Court, 50% of the
amount awarded by the High Court in the Reference case has
already been deposited. Such being the position and
considering the total amount of compensation payable on the
basis of the order of the High Court, we dispose of these
applications for release of pre-deposit amount on the
following terms and conditions:-
a) There shall be stay of operation of the
impugned order till the disposal of the
petitions or until further orders of this Court.
b) The claimants are entitled to withdraw 50%
of the amount already deposited by the
petitioner in compliance with our interim
order passed on 29th of September, 2008
without furnishing any security and the
balance 50% of the amount deposited in
compliance with our order can be withdrawn
by the claimants/respondents after
furnishing security to the
satisfaction of the Reference Court, Gulbarga
where the money has already been deposited.
c) Hearing of these Special Leave Petitions be
expedited.
Let the Special Leave Petitions be listed for hearing on any
Non-Miscellaneous day in the month of March, 2009. These
applications are thus disposed of.
We, however, make it clear that in the event it is found
that the amount deposited by the petitioner in compliance
with our order dated 29th of September, 2008 is not the
amount awarded by the High Court, in that case, it will be
open to the claimants/respondents to apply for vacating this
interim order.
[Tarun Chatterjee]
New Delhi; ………… December 18, 2008. [V.S.Sirpurkar]