Status quo over attached properties maintained pending leave to appeal, with fresh relief left open if delay becomes undue.

A request to vacate an ex parte status quo order over attached properties and release them on indemnity bonds was declined at this stage. The court noted that leave to appeal was still pending, the applications raised disputed issues requiring examination of the voluminous trial record, and the matter had not been heard on merits. Existing interim protection was therefore maintained, while the applicants were left free to seek fresh relief if disposal of the appeal is unduly delayed.

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Issues: Whether the interim status quo order over the attached properties should be vacated and the properties released on furnishing of indemnity bonds pending hearing of the leave to appeal.

Analysis: The applications sought modification of the ex parte interim order that had directed maintenance of status quo in respect of the attached properties. The applicants relied on their acquittal by the Special Court and on hardship caused by continued attachment and possession of the properties. The Court noted that the leave to appeal itself was still pending, that the applications raised disputed and complicated questions requiring examination of the voluminous trial record, and that the matter had not yet been heard on merits. In these circumstances, the Court declined to interfere with the earlier interim arrangement at that stage. The Court also observed that if there were inordinate delay in disposal of the leave to appeal, the applicants could move a fresh application for release of the attached properties.

Conclusion: The request to vacate the status quo order and release the attached properties was not granted at this stage.

Final Conclusion: The applications were disposed of without disturbing the existing interim protection, leaving the parties to seek further relief in accordance with law if the appeal proceedings are unduly delayed.

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