Union Of India vs Smt. Kalpana Kesi W/O Late Shri ...
2021 Latest Caselaw 2539 Raj/2

      sHIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 1000/2021

Union Of India, Through The General Manger, North Western
Railway, Jaipur. (Rajasthan)
                                                                   ----Appellant
                                   Versus
1.     Smt. Kalpana Kesi W/o Late Shri Chuman Singh, Resident
       Of Village Loong, Police Station Khalanga, District Piuthan
       Rapli Aanchal (Nepal).
2.     Kumari Deepana Kesi D/o Late Shri Chuman Singh, Aged
       About 7 Years, Being Minor Hence, Through Her Natural
       Guardian And Mother Smt. Kalpana Kesi, Applicant No. 1.
       Resident Of Village Loong, Police Station Khalanga,
       District Piuthan Rapli Aanchal (Nepal).
3.     Master Badal Singh Kesi S/o Late Shri Chuman Singh,
       Aged About 2 Years, Being Minor Hence, Through Her
       Natural     Guardian      And      Mother        Smt.     Kalpana   Kesi,
       Applicant No. 1. Resident Of Village Loong, Police Station
       Khalanga, District Piuthan Rapli Aanchal (Nepal).
4.     Tej Bahadur Kesi S/o Late Shri Dhan Bahadur, Resident Of
       Village Loong, Police Station Khalanga, District Piuthan
       Rapli Aanchal (Nepal).
5.     Smt. Shanta Kesi W/o Shri Tej Bahadur Kesi, Resident Of
       Village Loong, Police Station Khalanga, District Piuthan
       Rapli Aanchal (Nepal).
                                                                ----Respondents

For Appellant(s) : Mr. S.N. Meena through video conferencing

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

30/06/2021 Heard.

Admit.

Issue notice to the respondents.

(2 of 2) [CMA-1000/2021]

In the meantime, operation/execution of the impugned

judgment and award dated 26.02.2021, 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 from today with the Tribunal. On such deposit being

made, the claimant 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 refund. The remaining

50% of the award amount be invested in the FDR in any

nationalized bank for a period of one year which shall be renewed

from time to time.

(CHANDRA KUMAR SONGARA),J

Satyendra/16

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