ORDER

Leave granted.

We have heard learned counsel on both sides.

2. The appellant had entrusted to the respondent 147 bales of raw wools worth Rs. 51.48 lakhs as carriers for transportation to Cawnpore Woolen Mills. In spite of taking delivery thereof, the respondent had detained the goods in his custody, laid the suit O.S. No. 612/94 in the Civil Court at Kanpur for a permanent injunction restraining the appellant from taking forcible possession of the goods with the allegation that a sum of Rs. 13,48,817.13 was due from the appellant towards arrears of transportation charges. The interim injunction sought for was initially granted but later on vacated. Ultimately, in appeal, the High Court directed the appellant to give bank guarantee to the tune of the amount purported to be due as pleaded for in the suit. We are informed that the bank guarantee has accordingly been given. The appellant entrusted taking of delivery of the possession of the goods to the carriers-respondent who laid the suit on July 1, 1994 and interim mandatory injunction was sought for and was granted.

3. These proceedings arise out of an application made under Section 10 CPC on September 19, 1994 seeking stay of t