C. R. No. 5016 OF 2006. ****** Raj Kumari vs Inder Kumar and others Present : Mr.S.C.Arora, Advocate for the petitioner. Mr.A.S.Sular, Advocate for respondent No.1. Mr.Jagdish Marwaha, Advocate for respondents No.2 & 3. ******* On 21.9.2006, while issuing notice of motion, the following order was passed :- “ A reading of the order of the lower Appellate Court shows that defendants No.2 and 3 have been directed to make payment of the amount of arrears of pay, gratuity etc to defendant No.1 in the suit, subject to defendant No.1 presenting a security bond for the amount to the satisfaction of the trial Court. Learned counsel for the petitioner submits that he is primarily concerned about the securing of payment of arrears of pay and gratuity etc., now ordered to be paid to defendant No.1 in the event of his success in the suit. He further submits that if at all payment is to be released to defendant No.1, it should be on his furnishing either immovable security or bank guarantee. Notice of motion for 23.11.2006. In the meanwhile, defendant No.1 would be entitled to the payment of arrears of pay, gratuity etc., C.R.No.5016 of 2006 : 2 : subject to his furnishing either immovable security or bank guarantee, to the satisfaction of the trial Court.” Counsel for respondent No.1 states that before the aforesaid order could be communicated, the amount was released to respondent No.1 on his furnishing of surety/security bond. I have heard counsel for the parties and perused the paper book. The present petition has been rendered infructuous on account of payment of arrears of pay, gratuity etc., to respondent No.1, during the pendency of the present petition. However, as noticed herein above, it was ordered that defendant No.1 would be entitled to the payment of arrears of pay, gratuity etc., subject to his furnishing either immovable security or bank guarantee to the satisfaction of the trial Court. Defendant/respondent No.1 is directed to comply with the above order within a period of one month from today. The present petition stands disposed of accordingly. ( RAJIVE BHALLA ) January 29, 2008. JUDGE `kk'