JUDGMENT N.N. Mithal, J. - Counter and rejoinder affidavits have been filed. 2. This is an appeal purporting to be one under Order 43 Rule 1(q), Code of Civil Procedure. 3. An application under Order 38 Rule 5, Code of Civil Procedure. for attachment before judgment was moved before the Court below and same has been disposed of by order under appeal. A preliminary objection has been taken that the appeal is not maintainable as the order purports to be one under Rule 5 of Order 38 of the Code. It is undisputed that an order under Rule 5 is not appealable. However, a persual of the order shows that this is not a preliminary order passed at the ex-parte stage but it has been passed only after hearing the Respondents in these circumstance the order can not be said to be one under Rule 5 as it clearly falls under Rule 6. The preliminary objections therefore, turned down. 4. On the merit the argument of the learned Counsel for the Respondents was that so far as the actual amount due against the Defendants is concerned it is yet to be determined. It is also contended that cheques issued by the Defendants to the Plaintiff had been dishonoured but the contention of the Respondents further is that subsequently the amount of the cheques was paid in cash. This is a factual controversy which will require determination after evidence of the parties. At this stage the admitted position is that cheques issued by Defendants have been dishonoured by the Bank. Prima facie therefore, the case of the Plaintiff-Appellant has to be believed and taken to be established on the record. 5. At this stage the learned Counsel for the Defendants-Respondents submitted that the appeal itself may be finally disposed of with a direction that instead of leaving the amounts with the O.N.G.C. the same may be transferred to the civil Court with a direction to it to deposit the same in government security earning interest. The successful party can have the benefit of interest earned also. Sri R.K. Jain learned Counsel for the Appellant is also agreed. 6. In view of the above statement the appeal is allowed and instead of a mere order of attachment before judgment we direct that the trial court will issue direction of the O.N.G.C. requisitioning a sum of Rs. 1,25,000/- from it out of Rs. Sri R.K. Jain learned Counsel for the Appellant is also agreed. 6. In view of the above statement the appeal is allowed and instead of a mere order of attachment before judgment we direct that the trial court will issue direction of the O.N.G.C. requisitioning a sum of Rs. 1,25,000/- from it out of Rs. 2,40,000/- which how stands to the credit of the Defendants with the O.N.G.C. When the amount is received by the Court it will invest the same in such security as will carry most beneficial rate of interest on the amount. The parties are permitted to place before the trial Court the various deposit schemes of the government in order to determine the security which will earn the maximum interest or will otherwise be most beneficial for the parties. The amount deposited will be for the benefit of the successful party in the suit. We may here clarify that the Defendant will be entitled to withdraw the balance amount from the O.N.G.C. after it has remitted Rs. 1,25,000/- to the Court. 7. With these directions the appeal is finally disposed of. 8. Certified copies of the order be made available to the parties on payment of usual charges within 3 days.