This is an application to vacate the stay order dated 28.8.2009. By the said order out of the entire amount deposited by the appellant 50% has been permitted to be released in favour of claimant/respondent. Counsel for the claimant/respondent admits that 50% of the amount has been paid to the claimant/respondent. The other half has been directed to be kept in fixed deposit with a nationalised bank. The appeal has to be heard on merits on the question of law involved.
In view of above, the claimant/respondent cannot be permitted to withdraw the entire amount. No case for vacating the stay order has been made out. Stay vacation application is rejected. Stay order dated 28.8.09 is confirmed.
Order Date :- 17.9.2010 piyush