ORDER

Leave granted.

We have heard learned counsel on both sides.

2. These appeals by special leave arise from the order of the Division Bench of the High Court of Bombay made on July 18, 1996 in Civil Application Nos. 3588-89/91 in FA No. 1 & 2/90.

3. The admitted position is that pursuant to a compromise entered into between the parties, pending the first appeal in the High Court, a compromise decree came to be made by the Division Bench on 12.4.1991. Clause (2) of the Compromise Decree reads as under:

"2. (a) The parties agree that Jolly Steel Industries Pvt. Ltd. and Jolly Torsteel Pvt. Ltd., the respondents herein the Original Plaintiffs in Suit No. 446 of 1987 and Suit No. 447 of 1987, respectively, shall between them deposit in the Trial Court, a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) in the aggregate on or before 31st May, 1991 and a further sum of Rs. 10,40,000/- (Rupees Ten Lakhs and forty thousand only) on or before 29th June, 1991;

(b) These amounts are to be deposited in Suit No. 446 of 1987 in the Court of Additional Civil Judge, Senior Division, Pune, on account of over payment by the Appellants (Original Defendants) as the Defendants were not liable to pay and