HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 33/2023
Ajmer Vidyut Vitran Nigam Limited,
----Appellant
Versus
Anita Devi W/o Late Bajrang Singh
----Respondent
For Appellant(s) : Mr. Jai Prakash Bulania For Respondent(s) :
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 30/01/2023 Application under Section 5 of Limitation Act is allowed for the reasons mentioned therein and the delay of 15 days in filing the appeal is condoned.
Issue notice to the respondents of the appeal as well as stay application.
List after eight weeks.
In the meantime, operation/execution of the impugned judgment and order dated 27.9.2022 passed by the District Judge, Sikar in Civil Regular Suit (Fatal) No.65/2021 is stayed on condition that the appellant shall deposit entire decretal amount with the trial court concerned within a month from today. On such deposit being made, the respondents shall be at liberty to withdraw 50% of the said amount on their furnishing an undertaking on oath to the effect that if the appellant ultimately succeeds in the appeal, the said amount shall be refunded by (Downloaded on 02/02/2023 at 11:33:12 PM) (2 of 2) [CFA-33/2023] them alongwith interest @ 6% per annum from the date of withdrawal till refund. The remaining 50% of the decretal amount be invested in FDR of a Nationalised Bank initially for a period of one year which shall be renewed from time to time.
(NARENDRA SINGH DHADDHA),J Brijesh 39.
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