JUDGMENT :

Kurian Joseph, J.

Leave granted.

2. The appellant approached this Court, aggrieved by the order dated 08.09.2015 passed by the High Court of Calcutta in APOT No. 417 of 2015. The order to the relevant extent reads as follows :-

"In the above circumstances, it would not be justifiable to answer the controversy either in favour of the appellant/plaintiff or in favour of the respondents/defendants. Therefore, we are of the opinion the amount taken by invoking bank guarantee, that is, Rs. 91 Lacs and odd, be deposited in the name of the Registrar, Original Side in any nationalised bank in an interest earning deposit pending disposal of the suit so that whoever is ultimately successful in the civil litigation would not lose any interest out of such deposit. Ultimately the amount shall go to the party who is successful in the litigation.

With these observations, the appeal and the application are disposed of setting aside the impugned order.

The respondents/defendants are permitted to file written statement within four weeks and do all other formalities in accordance with the procedure. List the suit for hearing two weeks after vacation."

3. When the matter came up before this Court,