Managing Director, Jodhpur ... vs Sumitra Devi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 50/2023

1. Managing Director, Jodhpur Vidhyut Vitran Nigam Limited, Jodhpur, Rajasthan.

2. Executive Engineer, Jodhpur Vidhyut Vitran Nigam Limited. Churu.

3. Assistant Engineer, Jodhpur Vidhyut Vitran Nigam Limited, (O And M Distribution) Sadulpur, Distt. Churu

----Appellants Versus

1. Sumitra Devi W/o Late Hanuman Prasad, Aged About 38 Years, Resident Of Village Dedreva, Tehsil Rajgarh, District Churu.

2. Mahavir S/o Late Hanuman Prasad, Aged About 26 Years, Resident Of Village Dedreva, Tehsil Rajgarh, District Churu.

3. Babulal S/o Late Hanuman Prasad, Aged About 22 Years, Resident Of Village Dedreva, Tehsil Rajgarh, District Churu.

4. Chandra Kala D/o Late Hanuman Prasad, Aged About 19 Years, Resident Of Village Dedreva, Tehsil Rajgarh, District Churu.

                                                                ----Respondents


For Appellant(s)          :    Mr. Mehul Kothari
                               Mr. Ayush Goyal
For Respondent(s)         :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 25/01/2023 Heard.

Admit.

Issue notice to the respondents. Issue notice of stay application also, returnable within six weeks.

(2 of 2) [CFA-50/2023] Call for the record.

Having regard to the facts and circumstances of the case, it is considered appropriate and hence ordered that in the meanwhile if the appellants deposit 50% of the decretal amount, along with the interest as mentioned in the impugned judgment and decree before the learned trial court within a period of one month, the recovery of the remaining amount under the impugned judgment and decree dated 6.10.2022 shall remain stayed.

The deposited amount may be disbursed to the claimants in the manner and proportion as contemplated in the impugned judgment and decree with the undertaking that if the appellants in the present appeal succeeds, he/she/they shall refund the same alongwith interest in accordance with law.

It is made clear that the amount previously deposited by the appellants, if any, shall be adjusted towards the said amount.

(MADAN GOPAL VYAS),J 13-CPGoyal/-

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