Junior Engineer vs Smt. Lalita Bai
2022 Latest Caselaw 1263 Chatt

                  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