Dr. AR. LAKSHMANAN, J. - (1.) Leave granted.
(2.) Heard learned Senior counsel on either side. CIVIL APPEAL NO. 3656 OF 2006 (@ SLP(C)NO. 21127 of 2004)
(3.) This Appeal was filed by M/s. Abdul Gaffar Abdul Rehman against the interim order dated 18.3.2004 passed by the High Court of Delhi in I.A. No.10382 of 2003 in OMP No.300 of 2001. By the said order, the High Court ordered that the consignment in question be sold at the Atari Border itself through the Chief Commercial Manager, Northern Railway in accordance with Railways rules and regulations regarding public auctions of such goods and the entire sale proceeds be deposited in the High Court. The High Court made it clear that the order would be without prejudice to the pleas of the parties in regard to their claims over the consignment in question. Though this order was passed on 18th March, 2004, the instant special leave petition was filed in this Court by the appellant only on 24th August, 2004. It is now stated that in the meanwhile the consignment was auctioned and a sum of Rs. 1,95,30,000/- was realised as sale proceeds. Since goods have already been sold by complying with the direction of the High Court the appeal has become infructuous and no relief can be granted to the appellant in this Civil Appeal No.3656 of 2006 (@ SLP (C) No. 21127 of 2004). We, therefore, dispose of the same in view of change in the circumstances, confirming our order dated 1st October, 2004 by which this Court directed the amount to be deposited in the High Court pursuant to the auction sale should not be disbursed. CIVIL APPEAL NO. 3657 OF 2006 (@ SLP(C) NO. 2081-2082 of 2005);