Union Of India vs Ramesh S/O Late Shri Chote Lal
2021 Latest Caselaw 1914 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3510/2019

Union Of India



                                                                  ----Appellant
                                  Versus

Ramesh S/o Late Shri Chote Lal & ors.




                                                               ----Respondents

For Appellant(s) : Mr. Ratan Kumar Kaushik

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

19/02/2021

Issue notice of appeal, stay application as well as of

application under section 5 of the Limitation Act to respondents,

returnable within four weeks.

Necessary steps be taken within a week.

In the meantime, operation/execution of the impugned

judgment and award dated 7.09.2018 passed by the Railway

Claims Tribunal, Jaipur Bench, Jaipur is stayed on the condition

that the appellant shall deposit the entire award amount within

one month with the Tribunal. On such deposit being made, the

claimants shall be at liberty to withdraw 50% out of the said

deposit on their furnishing an undertaking on oath to the effect

that if the appellant ultimately succeeds in the appeal, the said

amount shall be refunded with interest @ 6% per annum from the

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

(2 of 2) [CMA-3510/2019]

amount be invested in the FDR in a nationalized bank for a period

of one year which shall be renewed from time to time.

(CHANDRA KUMAR SONGARA),J

CHHAYA AWASTHI /12

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