JUDGMENT : 1. This appeal is directed against an interim order dated January 16, 1991 passed by the High Court of Bombay in a pending writ petition whereby the appellants were directed to deposit with the Prothontary an amount of Rs. 2 lakhs and it was directed that the respondent will be entitled to withdraw the same towards the claim of refund granted. 2. We have been informed that before the date of the filing of the special leave petition in this Court the amount of Rs. 2 lakhs which was deposited by the appellants has been withdrawn by the respondent. In view of the fact that the impugned order has already been given effect to, this appeal has become infructuous. But it will be open to the appellants to agitate the question of refund in accordance with law laid down by this Court in Mafatlal Industries v. Union of India, 1996 (9) Scale 457 , because we have been informed that the writ petition is still pending in the High Court. The appeal is disposed of accordingly. No order as to costs. Order accordingly.