The Union Of India vs Kaluram Soni S/O Late Shri Shivlal ...
2021 Latest Caselaw 2068 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2410/2020

The Union Of India
                                                                  ----Appellant
                                   Versus
Kaluram Soni S/o Late Shri Shivlal Soni & Ors.
                                                               ----Respondents

For Appellant(s) : Mr. Shailesh Prakash Sharma

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

24/02/2021

In S.B. Civil Misc. Application No. 1094/2020

Application under section 5 of the Limitation act for

condonation of delay is allowed for the reasons stated therein.

Delay in filing the appeal is condoned.

Heard on appeal as well as on stay application.

The appeal is admitted.

Issue notice to the respondents.

In the meantime, operation/execution of the impugned

judgment and award dated 21.04.2020 passed by Railway Claims

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

appellant shall deposit the entire award amount within six weeks

with the Tribunal. On such deposit being made, the claimant shall

be at liberty to withdraw 50% out of the said deposit on his

furnishing solvent surety and 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-2410/2020]

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 /20

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