ORDER

1. Leave granted.

2. The judgment of the trial court by which an award under the Arbitration Act, 1940 was made a rule of the court is under appeal filed by the Executive Engineer, PWD (B&R) Branch, Bathinda before the High Court. During the pendency of the appeal, the High Court directed the f execution of decree to remain stayed subject to the appellant depositing the decretal amount within the time appointed by the Court. It appears that the appellant deposited an amount of Rs 33,75,921 which deposit fell short by Rs 20,49,474 (as on the date of the order of the High Court impugned herein). The High Court formed an opinion that the appellant was in default and therefore directed the interim order of stay to be vacated. Feeling g aggrieved by that order this appeal has been filed by special leave.

3. The appeal is yet to be heard by the High Court. Today it is stated at the Bar that the amount of Rs 33 lakhs and odd deposited by the appellant has been withdrawn by the respondent and the balance amount is yet to be deposited by the appellant. After hearing the learned counsel for the parties, we are of the opinion that the following order to be passed in supersession of the