Judgment :

Dipak Misra, J.

1. Leave granted.

2. Calling in question the defensibility of the order dated 17.7.2013 passed by the High Court of Judicature at Allahabad in FAFO No. 875 of 2013 whereby the Division Bench, after admitting the appeal, while dealing with the application for stay, directed the Appellants to deposit the entire amount awarded by the arbitrator in the court below with a further direction permitting the claimant-Respondent to withdraw half of the said amount without furnishing security and remaining half after furnishing security to the satisfaction of the District Judge, Kanpur with a further stipulation that in case of default in making the deposit, the order of stay shall automatically stand vacated.

3. The essential facts which are to be stated for adjudication of this appeal are that an agreement was executed between Kanpur Jal Sansthan, the Appellant herein, with the Respondent, M/s. Bapu Construction, on 10.06.1987 for "supply of sand for slow sand filter" for a value of Rs. 21,43,200/-. As per the conditions contained in the agreement the work was to commence 23.5.1987 and was to be completed within one year. During the subsistence of the contract dispute