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Judgment
Ravi Krishan Kapur, J.:
The instant appeal is directed against an ad interim order dated 27 November 2019. The parties were directed to exchange affidavits. It has been recorded in the impugned order as follows;
"In the above view of the matter, the respondents/NHAI are under an obligation under the 1956 Act to deposit the compensation amount, including the enhanced compensation, with the CA not later than a period of four weeks from the date of communication of this order."
It is submitted on behalf of the appellant NHAI that during the pendency of this appeal, the award dated 7 May 2019, which forms the bedrock of the writ petition has been set aside.
A copy of the order dated 4 September 2024, passed by the Court of the District Judge, Darjeeing, inter alia, allowing Mis-Case 10 of 2019 on contest is also kept with the records.
In view of the admitted fact that the award dated 7 May 2019 has been set aside, nothing survives in this writ petition. WP 430 of 2019 is dismissed as infructuous. The consequential appeal, being APO 120 of 2020 along with the pending interlocutory application being GA/1/2020 is also dismissed.
It is made clear that there has been no adjudication on the merits of the case and all issues are left open to be decided in the proceedings before the Arbitrator in accordance with law.
The writ petitioner submits that all these facts should be placed by way of a Supplementary Affidavit and the matter be kept pending before the Trial Court. Such submission is outrightly rejected. A copy of the award is also handed over to the Advocate of the writ petitioner in Court today.