JUDGMENT : 1. By judgment passed today in Civil Appeal No. 8279 of 1997 [arising out of S.L.P. (C) No. 17369 of 1997], the decision of the High Court in Special C.A. No. 5645 of 1997 has been set aside. It is, therefore, not necessary to transfer the Special C.A. No. 5645 of 1997 which has to be decided by the High Court in accordance with the judgment of this Court.