SUPREME COURT OF INDIA

Before:- M.B. Shah, S.N. Variava, JJ.

Civil Appeal No. 6554 of 2000. (Arising out of Special Leave Petition (C) No. 220 of 2000) D/d. 20.11.2000.

Jay Bharat Fabrics Mills Ltd. - Appellant

Versus

Unitex Exports. - Respondents

Constitution of India, Article 136 - Direction by Court to deposit Rs. 6 lacs, pending hearing and disposal of appeal - Order of Court complied by appellant - Order passed by Single Judge permitting the respondent to withdraw Rs. 3 lacs - Appellant seeking direction to respondent not to withdraw the amount pending appeal and to expedite the hearing of appeal - Considering the facts and circumstances of case, the order to withdraw Rs. 3 lacs set aside.

[Para ]

ORDER

1. Leave granted.

2. Heard counsel for the parties.By order dated 21st January, 2000 this Court issued notice and directed the appellant to deposit an amount of Rs. 6 lacs with the Registrar of the High Court of Madras at Chennai. That order has since been complied with.

3. Learned counsel for the appellant submitted that pending hearing and disposal of Appeal No.588 of 1998 in the High Court of Madras the respondent be directed not to withdraw the said amount and High Court be requested to expedite the hearing of the appeal.

4. Considering the facts and circumstances of the case, the submissions made by the learned counsel for the appellant requires to be accepted. Accordingly, the High Court is requested to expedite the hearing of the aforesaid appeal and dispose of the same as early as possible, preferably within a period of six months from today. Pending hearing and disposal of the said appeal, the impugned order dated 24th March, 1999 passed by the learned Single Judge permitting the respondent to withdraw Rs. 3 lacs is set aside. The amount of Rs. 6 lacs deposited by the appellant be invested in a Nationalised bank.

5. The appeal stand disposed of accordingly.

.