ORDER 1. Leave granted. 2. The judgment of the trial court by which an award under the Arbitration Act, 1940 was made a rule of the court is under appeal filed by the Executive Engineer, PWD (B&R) Branch, Bathinda before the High Court. During the pendency of the appeal, the High Court directed the f execution of decree to remain stayed subject to the appellant depositing the decretal amount within the time appointed by the Court. It appears that the appellant deposited an amount of Rs 33,75,921 which deposit fell short by Rs 20,49,474 (as on the date of the order of the High Court impugned herein). The High Court formed an opinion that the appellant was in default and therefore directed the interim order of stay to be vacated. Feeling g aggrieved by that order this appeal has been filed by special leave. 3. The appeal is yet to be heard by the High Court. Today it is stated at the Bar that the amount of Rs 33 lakhs and odd deposited by the appellant has been withdrawn by the respondent and the balance amount is yet to be deposited by the appellant. After hearing the learned counsel for the parties, we are of the opinion that the following order to be passed in supersession of the order dated 29-7-2002, passed by the High Court shall meet the ends of justice and equity. 4. The amount of Rs 33 lakhs and odd already withdrawn by the respondent need not be redeposited in the court forthwith but the respondent shall within four weeks from today file an undertaking on affidavit in the High Court that in the event of the appeal being allowed by the High Court, the amount shall be deposited back in the court for payment to the appellant within such time and with such interest, as the High Court may direct. So far as the balance amount is concerned, the same shall, as calculated in terms of the decree up to the date of deposit, be deposited by the appellant in the High Court within a period of six weeks from today. The amount so deposited shall be placed in fixed deposit and shall be available for disbursal with interest in terms of the final judgment to be passed by the High Court. 5. Order accordingly. 6. The appeal stands disposed of. 7. The amount so deposited shall be placed in fixed deposit and shall be available for disbursal with interest in terms of the final judgment to be passed by the High Court. 5. Order accordingly. 6. The appeal stands disposed of. 7. No order as to the costs.