Junior Engineer vs Smt. Lalita Bai

Citation : 2022 Latest Caselaw 1263 Chatt
Judgement Date : 10 March, 2022

Chattisgarh High Court
Junior Engineer vs Smt. Lalita Bai on 10 March, 2022
                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                     Order sheet

                                  FA No. 12 of 2022

 1. Junior Engineer Chhattisgarh State Electricity Board, Rajim Tahsil Rajim District
    Gariyaband Chhattisgarh.
 2. Chief Engeer / Assistant Engineer Chhattisgarh State Electricity Board,
    Raipur, District Raipur Chhattisgarh.
 3. President Chhattisgarh State Electricity Board, Daganiya, Raipur, District
    Raipur Chhattisgarh.                                   ---- Appellants
                                        Versus
 1. Smt. Lalita Bai Wd/o Tansukh Sahu Aged About 20 Years R/o Village Kirwai, Police
    Station Rajim, Tahsil Rajim, District Gariyaband Chhattisgarh.
 2. Ms. Jagriti D/o Late Tansukh Sahu Aged About 8 Years (Minor Hence
    Represented By Natural Guardian Mother Smt. Lalita Bai). R/o Village Kirwai,
    Police Station Rajim, Tahsil Rajim, District Gariyaband Chhattisgarh.
 3. Ishwari S/o Kejuram Sahu Aged About 53 Years R/o Village Kirwai, Police
    Station Rajim, Tahsil Rajim, District Gariyaband Chhattisgarh.
 4. Smt. Pramila W/o Ishwari Sahu Aged About 50 Years R/o Village Kirwai,
    Police Station Rajim, Tahsil Rajim, District Gariyaband Chhattisgarh.
 5. Devnarayan S/o Gangaram Sahu Aged About 38 Years R/o Village Kirwai,
    Police Station Rajim, Tahsil Rajim, District Gariyaband Chhattisgarh.
 6. Ghanshyam S/o Heeralal Sahu Aged About 25 Years R/o Village Kirwai,
    Police Station Rajim, Tahsil Rajim, District Gariyaband Chhattisgarh.
 7. State Of Chhattisgarh. Through Collector, Gariyaband, District Gariyaband
    Chhattisgarh.                                          ---- Respondents.

7-3 10-3-2022 Mr. Anumeh Shrivastava, counsel for the appellants.

Mr. A.K. Mishra, Govt. Advocate appears and accepts notice on behalf of respondent No.7/State.

Heard on admission.

Admit.

Call for the record of the court below.

Also heard on I.A.No.1 of 2022, which is an application for grant of stay filed under Order 41 Rule 5 read with Section 151 of CPC.

Considering the facts of the case, I.A.No. 1 of 2022 is allowed and it is directed that the effect and operation of the impugned judgment and decree shall remain stayed, till the next date of hearing, subject to appellants' depositing an amount of Rs.5,00,000/- before the trial court within one month from today and on such amount so deposited, the claimants/respondents are entitled to withdraw an amount of Rs.3,50,000/- from the amount so deposited, subject to furnishing of indemnity bond which will be supported by an affidavit by giving an undertaking that if the appeal filed by the appellants succeeds, then they will refund the amount so withdrawn by them.

Issue notice to respondents No.1 to 6 by ordinary mode as well as by registered mode. PF be paid within one week. Notice be made returnable within six weeks. If PF is not paid within stipulated time, then the stay order shall automatically stand vacated.

List this case after six weeks.

In view of the above, I.A.No.2 of 2022 which is an application for urgent hearing stands disposed of.

Sd/-

(Narendra Kumar Vyas) Judge Raju