Jodhpur Vidyut Vitran Nigam ... vs Sunita Devi W/O Suresh Kumar
2021 Latest Caselaw 7895 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Misc. Stay Application No.275/2021
                                  In
                S.B. Civil First Appeal No. 52/2021
Jodhpur Vidyut Vitran Nigam Limited and Ors.
                                                                  ----Appellants
                                   Versus
Sunita Devi W/o Suresh Kumar and Ors.
                                                                ----Respondents

For : Mr. Amarjit Singh Narang, Advocate Appellants/Plaintiffs (through VC)

For Respondents/ : Mr. Shiv Narain Bohra, Advocate Defendants

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

20/12/2021

Heard learned counsel for the parties on the stay

application.

Having regard to the facts and circumstances of the

case, operation/execution of the impugned judgment and decree

dated 06.09.2019 passed by the District Judge, Sikar in Fatal Suit

No.16/2016 is stayed on the condition that the appellants deposit

the entire decretal amount with the trial court within four weeks

from today. On such deposit being made, the respondents shall be

at liberty to withdraw 50% out of the said amount on their

furnishing an undertaking on oath to the effect that if the

defendants-appellants ultimately succeed in the appeal, the said

amount shall be refunded with interest @7% per annum from the

date of withdrawal till refund. The remaining 50% of the amount

(2 of 2) [Stay No.275/2021 in CFA-52/2021]

be invested in the FDR in a nationalised bank initially for a period

of two years which shall be renewed from time to time till disposal

of the appeal.

The stay application stand disposed of.

(PRAKASH GUPTA),J

KuD/22-23

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