U O I vs Smt Dhan Kaur And Others
2021 Latest Caselaw 2713 Raj/2

           HIGH COURT OF JUDICATURE FOR RAJASTHAN

                               BENCH AT JAIPUR

              S.B. Civil Miscellaneous Appeal No. 4772/2015

 UOI

                                                     ----Appellant-Non-claimants
                                         Versus

 Smt. Dhan Kaur & Ors.

                                                       ----Respondents-Claimants

For Appellant(s) : Mr. Asad Sheikh for Mr. P.C. Sharma

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

08/07/2021

The matter has come up on application No.1/2021 filed by

the appellant-Union of India for issuing fresh notice and listing the

appeal at an early date for passing the orders on stay application.

For the reasons stated in the application, the same is allowed

to the extent that order on stay application is being passed today

itself.

In Appeal No. 4772/2015

Heard.

Admit.

Issue notice.

In Stay application No.3334/2015

Operation/execution of the impugned judgment and award

dated 07.09.2015 passed by the Railway Claims Tribunal, Jaipur is

stayed on the condition that the appellant deposits the entire

(2 of 2) [CMA-4772/2015]

award amount within six weeks 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 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 its

realization. The remaining 50% of the award amount be invested

in the FDR in a nationalized bank for a period of one year which

shall be renewed from time to time.

Stay application stands disposed of.

(CHANDRA KUMAR SONGARA),J

Satyendra/10

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