- (1.)Leave granted.
(2.)This is an appeal by special leave filed against the order of the High Court whereby the High Court refused to restore the appeal filed before it by the appellant, which was dismissed in default of appearance of the appellant and his counsel on 10. 7.2001.
(3.)It appears that disputes and differences arising out of the contract entered into between the parties led to arbitration proceedings. An award was given which was made a rule of the court by a learned single judge of High Court. Feeling aggrieved by the decree so passed, the appellant preferred a letters patent appeal. On 19.12.1994, while issuing notice in the appeal, the High Court directed following interim order to be passed:
"Notice for 31.1. 1995, subject to the condition that the appellant deposits in court, the rupees, equivalent to the dollar value on the date of termination of the contract. So far as the withdrawal of the money, so deposited is concerned, half will be permitted to be withdrawn without security and the other half on furnishing bank guarantee. This order is without prejudice to any contentions that may be raised by the respondent in the matter, after notice".