DILIP KUMAR SETH & SOUMITRA PAL, JJ. - (1.) While addressing the Court on the question of grant of stay both the learned counsel for the parties had addressed the Court on the merit of the appeal itself.
(2.) After having heard the learned counsel for the parties, we are of the view that any order passed on the stay application would virtually affect the merit of the appeal and no purpose will be served by keeping the appeal pending.
(3.) In the circumstances, the appeal is treated as on day's list for hearing by consent of the parties and the same is being disposed of along with the application for stay as hereafter.;