Nav Bharat Const.Co vs R.S.E.B
2021 Latest Caselaw 7444 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil First Appeal No. 111/1994

Nav Bharat Construction Company
                                                                  ----Appellant
                                   Versus
R.S.E.B.
                                                                ----Respondent

Connected With S.B. Civil First Appeal No. 112/1994 Rajasthan Rajya Vidhyut Uptadan Nigam

----Appellant Versus M/s Nav Bharat Construction Company

----Respondent

For Appellant(s) : Mr. R.P. Garg, Advocate (for respondent in CFA No. 112/1994) For Respondent(s) : None present

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

09/12/2021

In the present appeal, it transpires from the record that the

civil suit for recovery of money, filed by M/s Nav Bharat

Construction Company against Rajasthan State Electricity Board,

Kota was decreed vide judgment dated 27.01.1994. The plaintiff

claimed recovery of Rs. 64869.70/- but the learned Trial Court

passed the money decree for Rs. 58584.76/- only.

Against the judgment and decree dated 27.01.1994, the

plaintiff M/s Nav Bharat Construction Company has filed first

appeal No. 111/1994 for the balance amount of Rs. 6312.03/- and

for enhancement of rate of interest whereas the defendant

(2 of 2) [CFA-111/1994]

Rajasthan State Electricity Board, Kota has filed a first appeal No.

112/1994, challenging the money decree passed against it.

In the first appeal No. 112/1994, this Court vide order dated

31.08.1994, stayed the execution of decree only on the condition

of deposition of the entire decreetal amount by the appellant-

defendant within a period of three months. On the record, no

document is available to show that the deposition of the decreetal

amount by the appellant-defendant has been produced.

Since, no one is appearing for and on behalf of the

respondent Rajasthan State Electricity Board, Kota to pursue their

appeal No. 112/1994, therefore, counsel appearing for M/s Nav

Bharat Construction Company submits that in case the appeal filed

by the Rajasthan State Electricity Board, Kota is dismissed, they

would not pursue their appeal on merits.

In the interest of justice, the appeal may be taken up

tomorrow i.e. on 10.12.2021.

Appearance of learned counsel on behalf of Rajasthan State

Electricity Board is awaited.

List the matter on 10.12.2021.

(SUDESH BANSAL),J

SAHIL SONI /5-6

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