Rajasthan State Electricity ... vs Mohan Chandani Son Of Shri Notan ...
2021 Latest Caselaw 7513 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                S.B. Civil First Appeal No. 107/1994

Ajmer Vidyut Vitran Nigam Limited
                                                     ----Appellant-Defendant
                                   Versus
1. Shri Mohan Chandnani son of Shri Notan Das, R/o 296, Tanaji
Nagar, Bhajanganj, Ajmer since deceased, through his legal
representatives.
1/1. Mrs. Asha Chandnani, aged about 50 years, wife of late Shri
Mohan Chandnani, R/o 2/290, Malviya Nagar, Jaipur.
1/2. Shri Satish Kumar Chandnani, aged about 31 years, son of
late Shri Mohan Chandnani, R/o 2/290, Malviya Nagar, Jaipur.
1/3. Shri Sanjay Kumar Chandnani, aged about 29 years, son of
late Shri Mohan Chandnani, R/o 2/290, Malviya Nagar, Jaipur.
1/4. Jullie Chandnani, aged about 30 years, D/o late Shri Mohan
Chandnani, R/o 2/290, Malviya Nagar, Jaipur.
                                                    ----Plaintiff-Respondents

For Appellant(s)         :     None present
For Respondent(s)        :     Mr. D.K. Dixit for
                               Mr. Ajay Kumar Bajpai



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

10/12/2021

This first Appeal has been filed by the Rajasthan State

Electricity Board, Jaipur against the judgment and decree dated

31.03.1994 whereby and where under the respondent-plaintiff

was ordered to reinstate in service with payment of back wages

and other benefits attached therein.

During the course of appeal, the respondent-plaintiff has

passed away and his legal representatives have brought on

record.

(2 of 2) [CFA-107/1994]

The matter was taken up on 09.12.2021, no one appeared

on behalf of the appellant to pursue the appeal.

This Court, vide order dated 10.08.1994, while staying the

execution of decree for recovery of the back wages, imposed a

condition upon the appellant to deposit a sum of Rs.30,000/-

before the Trial Court within a period of one month. The appellant

has not produced any receipt of deposition of such amount of

Rs.30,000/-. The position of record is not clear as to whether the

decree for arrear of back wages has been executed or not.

It appears that with passage of time and after the death of

original plaintiff, the appellant has lost interest in pursuing the

appeal on merits, therefore, the appeal is dismissed in default and

for non-prosecution.

The Registry is directed to upload correct amended cause

title online as the name of appellant- Rajasthan State Electricity

Board has been changed to Ajmer Vidyut Vitran Nigam Limited.

Amended cause title is already on record, so Registry is directed to

upload the amended cause title on record and also send a copy of

this order to the appellant on the given address within a period of

one week.

(SUDESH BANSAL),J

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