order clarified that the deposit of this amount shall be without prejudice to the rights and contentions of the parties and shall abide by further orders which may be passed in the Notice of Motion. The Notice of Motion, accordingly, survives only to consider whether or not this deposit should be retained in Court. Learned counsel for the Defendants submits that he would press the Motion to be heard, since the deposit was made without prejudice to the rights and contentions of the Defendants, and without filing any reply at that stage. It is submitted by learned counsel that since now the pleadings in the Notice of Motion are complete, the Motion may be heard and appropriate order be passed in respect of this deposit. I notice that the trial of the suit has made a substantial progress. The Plaintiffs' first witness, out of their two witnesses, has been under cross-examination. The cross-examination is likely to conclude soon. The Plaintiffs have only one more witness to tender. The Plaintiffs consent to have the trial of the suit further expedited and to that end, have even offered to file an affidavit of evidence of their second witness before the cross-examination of the first witness is concluded and at any rate, within a period of four weeks from today. The commissioner recording the evidence is directed to conclude the recording of evidence as expeditiously as possible. Both parties shall co-operate with the Commissioner to see that the trial is expeditiously conducted. The deposit made by the Defendants and invested by the Prothonotary and Senior Master of this Court in fixed deposit shall abide by whatever order is passed at the hearing of the suit. In case the trial is not concluded within the next six months, the Defendants shall be at liberty to apply afresh for refund of their deposit with accrued interest. All rights and contentions of parties, in this behalf, are kept open. The Motion is disposed of accordingly.
