Messrs Plastic Crystal etc., through the filing of the present appeal, have called in question order dated 14-4-2000, whereby the learned Banking Court issued warrants of arrest of the judgment- debtors with the directions to keep them judicial lock up till the realization of the decretal amount.
2. Facts relevant for the disposal of the present appeal are that pursuant to the passing of decree for the recovery of Rs.76,39,144 on 4-5-1999, by the learned Banking Court, against the appellants, the decree-holder bank initiated execution proceedings through the arrest and detention of the judgment-debtors. The learned Judge issued show-cause notice to the appellants and after the receipt of its reply and after finding that the same is without merits, issued the warrants of arrest of the judgment-debtors vide impugned Order dated 14-4-2000.
3. The appellants filed the appeal (R.F.A. No.300 of 1999) against the judgment and decree dated 4- 5-1999. This Court vide judgment of even date, passed in R.F.A. No.299 of 1999, has partially allowed appellant's appeal, set aside the judgment and decree dated 4-5-1999 and has remanded the case to the learned Banking Court with certain directions. As the judgment and decree, out of which the execution petition arose, has been set aside, therefore, the execution petition has become infurctuous and the orders passed therein have lost their efficacy. In this perspective, we feel that with the partial acceptance of appeal (R.F.A. No.300 of 1999), the present appeal has become infructuous and cannot proceed.
4. Present appeal stands disposed of having become infructuous.