1998 (3) TMI 139

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....dismissed, the appellant approached this Court by way of a special leave petition. As an interim order, pending the disposal of the appeal by special leave, this Court required the appellant to give a bank guarantee for 50% of the amount in dispute and to deposit the balance 50% in the High Court. The amount deposited in the High Court pursuant to this interim order was invested in fixed deposit. On 4th November, 1988, the appeal was dismissed by this Court. 3.The question then was who was to get the amount of the interest that had accrued on the fixed deposits because there was no order in this behalf. 4.The appellant applied to the Prothonotary and Senior Master of the High Court for release of the interest amount to it and, on 28th....

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....ent allowed Notice of Motion 400/92. thus : "Notice of Motion No. 400/92. Notice of Motion is made absolute in terms of prayer clauses (a) and (b) which read as under : That the order dated 20-7-1992 passed by the Prothonotary and Senior Master of this Court in Misc. Writ Petition No. 394 of 1979 be set aside. That the amount of interest accrued on Rs. 82,59,317.61 ps., deposited by the Petitioners in respect of past dues in cash be paid to the Respondents." 5.The facts insofar as they relate to the appeal arising out of SLP (C) No. 13720/97 are similar except that the Prothonotary had not passed an order in 1992 releasing the interest amount to the appellant and the respondents' Notice of Motion (503/92) had not been dismiss....