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State of U.P. Vs. Ratan Lal [1995] INSC 429 (28 August 1995)

Ramaswamy, K. Ramaswamy, K. Hansaria B.L. (J)

CITATION: 1995 SCC Supl. (3) 539 1995 SCALE (5)190

ACT:

HEAD NOTE:

WITH CIVIL APPEAL NOS. 7975-76 OF 1995 (Arising out SLP (C) Nos.3750 and 3753 of 1995)

O R D E R

Leave granted.

Though the respondents have been served, they did not appear in appeals arising out of SLPs 3672/95 and 3753/95 either in person or through counsel. Mr. Ranbir Yadav is appearing for respondent, Banwari Lal in appeal arising out of SLP No.3750/95. We have heard the counsel on both sides.

On the facts and circumstances, we think that the interests of justice will be served and we so direct the appellant to deposit 50% of the amount awarded by the Reference Court within a period of two months from today. On the deposit so made, the respondents will be at liberty to withdraw half the amount without security and the balance half on furnishing the security to the satisfaction of the Reference Court. The deposits and withdrawal will be subject to the result in the appeals now pending in the High Court. In default of the deposit as stated above, the stay shall stand vacated. No costs.

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