IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6525 OF 2004

INDIAN OIL CORPORATION LTD. .......APPELLANT  

Versus

ALL INDIA TEA & TRADING CO. &  ORS.

.....RESPONDENTS

O R D E R

The  appellant  filed  an  appeal  before  the  

Guwahati High Court challenging the quantum of compensation  

awarded to the first respondent.  In the said appeal, the  

High Court on 4.4.2003 made an interim order staying the  

operation of the award subject to the appellant depositing  

a sum of Rupees sixty lakhs within two months, in addition  

to the sum of about Rupees thirty lakhs which was already  

received  by  the  first  respondent.   The  said  order  is  

challenged in this appeal by special leave.

2. On  19.5.2003,  interim  stay  was  granted  by  

this Court while directing notice. It was ordered that the  

notice  should  indicate  that  the  first  respondent  should  

either furnish security for the said sum of Rs. Sixty lakhs  

or accept only Rupees thirty lakhs without security.

.....2.

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3. On  25.8.2003,  this  Court  directed  the  

appellant to deposit Rupees thirty lakhs within two weeks  

with permission to the first respondent to withdraw the  

said amount without furnishing any security.  The appellant  

informs  that  the  said  sum  of  Rupees  thirty  lakhs  has  

already been deposited by the appellant and withdrawn by  

the first respondent.

4. On  31.10.2003,  this  Court  further  directed  

the appellant to deposit the remaining sum of Rupees thirty  

lakhs with the condition that the sum may be paid to the  

first  respondent  on  furnishing  a  bank  guarantee  to  the  

satisfaction of the High Court.  It is stated that the  

appellant deposited the said sum also, but as the first  

respondent did not give security for the said sum of Rupees  

thirty  lakhs,  as  per  further  order  of  this  Court  dated  

22.7.2005, the said amount was refunded by the High Court  

to the appellant.   

5. In view of the above,  nothing  survives  in  

this appeal. All that has to be done is to dispose of the  

appeal  in  terms  of  the  interim  orders  already  made.  

Accordingly, we allow the appeal in part and modify the  

interim  order  of  the  High  Court  by  directing  that  the

deposit to be made was

.......3.

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only Rs.30 lakhs and that was made by the appellant and  

withdrawn by the first respondent. Nothing more requires to  

be deposited.  

6. As the matter relates to an acquisition of  

1989 and the appeal itself has been pending before the High  

Court for about eight years, we request the High Court to  

dispose of the appeal expeditiously preferably within three  

months.

  ......................J.              ( R.V. RAVEENDRAN  

)

New Delhi;    ......................J. October 21, 2010.              ( H.L. GOKHALE )