' MUHAMMAD SAIR ALI, J.---The only grievance raised in the present Civil Petition is that the Hon'ble Judge in chambers of the Lahore High Court, Lahore while granting the relief to the petitioner directed as under:- "Accordingly, without expressing any opinion on the strength or validity of the aforesaid of other further action being taken by the respondents in the matter, it is directed in the interest of justice that the respondents may proceed in the matter strictly in accordance with law but after returning the petitioner's funds under the pay order recovered for an additional assessment that stands revoked by the ONO. The respondents shall make such refund within one week of the provision of bank guarantee by the petitioner to the respondent No, 2 in the value equal to the disputed amount claimed by the respondents. The respondents shall retain such bank guarantee until they decide the matter in issue in respect whereof they are directed to act expeditiously. Disposed of."
2. The learned Advocate Supreme Court states that the matter in issue already stands conclusively decided and there is no case pending against the petitioner on the' issue which came before the High Court for decision. And that despite final decision of the said matter, petitioner's pay order remains in the custody of the respondents for the reasons that he had not deposited the Bank Guarantee in order to obtain release of the pay order in terms of High Court's judgment dated 5-3- 2007. Learned Advocate Supreme Court states that as the matter stands finally concluded, therefore, neither the Bank Guarantee nor retention of the pay order by the respondents is required.
And that the order of Hon'ble Judge in chambers of Lahore High Court, Lahore is being used in not releasing the pay order submitted by the petitioner.
3. In absence of a live issue, this petition can be disposed of with the observations hereinafter recorded. The respondents shall release the pay order deposited by the petitioner without obtaining a corresponding Bank guarantee in terms of High Court's judgment dated 5-3-2007, if the matter in issue stands conclusively and finally decided. In case the matter remains still pending, we hold that petitioner remained bound to comply with the terms of impugned judgment dated 5-3-2007. The petition is disposed of with the above terms.