Citation : 2024 Latest Caselaw 181 Chatt
Judgement Date : 25 June, 2024
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
FA No. 129 of 2024
1. Managing Director, CSPDCL, Behind Rajkumar College, Daganiya Raipur, District Raipur
Chhattisgarh.
2. Chief Engineer Bilaspur Area CSPDCL, Tifra Bilaspur, District Bilaspur, Chhattisgarh.
3. Superintending Engineerr, CSPDCL Janjgir, District Janjgir-Champa, Chhattisgarh.
4. Executive Engineer, O & M Division CSPDCL, Sakti Chhattisgarh, District Janjgir-
Champa, Chhattisgarh.
5. Assistant Engineer Chhattisgarh, State Power Distribution Company Limited Sakti,
District Janjgir-Champa, Chhattisgarh.
6. Junior Engineer (Rural) Chhattisgarh, State Electricity Distribution Company Maryadit
Sakti, District Janjgir-Champa, Chhattisgarh.
7. Chief Electrical Inspector, Baron Bazaar Fountain Chowk Raipur, District Raipur
Chhattisgarh.
---- Appellants
Versus
1. Lalit Rathore, S/o Govindaram, Aged About 34 Years, R/o Village Ward No.3, Rathore
Mohalla, Devlapath Kudhri, P.O. Farswani, District Korba, Ha. Mu. Nandourkala, Tehsil
Sakti, District Janjgir Champa Chhattisgarh. (Plaintiff No.1).
2. Vasu Rathore S/o Lalit Rathore, Aged About 5 Years, Father Lalit Rathore, A Minor, R/o
Village Ward No.3, Rathore Mohalla, Devlapath Kudhri, P.O. Farswani, District Korba,
Ha. Mu. Nandourkala, Tehsil Sakti, District Janjgir Champa Chhattisgarh. (Plaintiff No.2).
3. Kanha Rathore, S/o Lalit Rathore, Aged About 5 Years, Father Lalit Rathore, A Minor, R/o
Village Ward No.3, Rathore Mohalla, Devlapath Kudhri, P.O. Farswani, District Korba,
Ha. Mu. Nandourkala, Tehsil Sakti, District Janjgir Champa Chhattisgarh. (Plaintiff No. 3).
4. Chhattisgarh Government, Through The Collector Janjgir, District Janjgir-Champa,
Chhattisgarh (Defendant No.8).
---- Respondents
25.06.2024 Mr. Himanshu Yadu, counsel for the appellants.
Mr. Shailesh Kumar Puriya, P.L. for the State/respondent No.4.
Heard on I.A. No.2/2024, application for condonation of delay in
filing the appeal.
Issue notice to the respondents on I.A. No.2/2024, application for
condonation of delay by ordinary as well as by registered post.
Also heard on I.A. No.1/2024, application under Order 41 Rule 5
read with Section 151 of CPC for grant of interim relief.
Issue notice to the respondents on I.A. No.1/2024, application
under Order 41 Rule 5 read with Section 151 of CPC for grant of interim
relief and also on main appeal, by ordinary as well as by registered post.
P.F. be paid as per rules.
Meanwhile, purely as an interim measures, it is directed that effect
and operation of the impugned judgment and decree dated 22.11.2023
passed in Civil Appeal No.21-B/2022 shall remain stayed till the next date
of hearing, subject to appellants depositing 50% amount of the impugned
award and furnishing surety of Rs.2,00,000/- to the satisfaction of the trial
Court/Executing Court within a period of 45 days from today for due
performance of the decree which may ultimately be passed by this Court.
The amount so deposited by the appellants be disbursed to the
respondents No.1 to 3/plaintiffs No.1 to 3 subject to their furnishing surety
of Rs.2,00,000/- by them to the satisfaction of the trial Court/Executing
Court.
Call for record of the concerned trial Court.
Sd/-
(Naresh Kumar Chandravanshi) Judge
Deepti Jha
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