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Union Of India vs Smt. Sumitra Devi Chaturbhuj W/O ...
2021 Latest Caselaw 5590 Raj/2

Citation : 2021 Latest Caselaw 5590 Raj/2
Judgement Date : 5 October, 2021

Rajasthan High Court
Union Of India vs Smt. Sumitra Devi Chaturbhuj W/O ... on 5 October, 2021
Bench: Ashok Kumar Gaur
      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 1602/2021

Union Of India, Through The General Manager North Western
Railway Jaipur Raj.
                                                                  ----Appellant
                                  Versus
1.     Smt. Sumitra Devi Chaturbhuj W/o Late Shri Chaturbhuj
       Rajpurohit, Aged About 37 Years, R/o 58 Jail Jalaram
       Housing Society -2 Puna Khumbaria Road Parvat Patia
       Surat City Bombay Market Surat Gujarat
2.     Nandini Chaturbhuj, D/o Late Shri Chaturbhuj Rajpurohit,
       Aged About 14 Years, Minor Through Their Natural
       Guardian And Mother Smt. Sumitra Devi Chaturbhuj W/o
       Late Shri Chaturbhuj Rajpurohit. R/o 58 58 Jail Jalaram
       Housing Society -2 Puna Khumbaria Road Parvat Patia
       Surat City Bombay Market Surat Gujarat
3.     Priyanka Chaturbhuj D/o Late Shri Chaturbhuj Rajpurohit,
       Aged About 13 Years, Minor Through Their Natural
       Guardian And Mother Smt. Sumitra Devi Chaturbhuj W/o
       Late Shri Chaturbhuj Rajpurohit. R/o 58 58 Jail Jalaram
       Housing Society -2 Puna Khumbaria Road Parvat Patia
       Surat City Bombay Market Surat Gujarat
4.     Manish Son Of Late Shri Chaturbhuj Rajpurohit, Aged
       About 5 Years, Minor Through Their Natural Guardian And
       Mother Smt. Sumitra Devi Chaturbhuj W/o Late Shri
       Chaturbhuj Rajpurohit. R/o 58 58 Jail Jalaram Housing
       Society -2 Puna Khumbaria Road Parvat Patia Surat City
       Bombay Market Surat Gujarat
                                                               ----Respondents

For Appellant(s) : Mr.P.C. Sharma, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

05/10/2021

(2 of 2) [CMA-1602/2021]

Issue notice of the appeal as well as stay application,

returnable within five weeks.

In the meanwhile, the effect and operation of the judgment

dated 16th July, 2021, passed by the Railway Claims Tribunal,

Jaipur Bench, Jaipur, shall remain stayed on the condition of

depositing the entire award amount within a period of five weeks.

On depositing the award amount, the claimants would be

entitled for disbursement of 50% of the amount in their Savings

Bank Account after taking an undertaking that the amount, so

paid, will be subject to final outcome of the appeal and in case,

the appeal of the appellant is allowed, the claimants would be

required to refund the money back.

The rest 50% of the award amount, to be deposited by the

appellant, will be kept in FDR for a period of one year and will be

renewed from time to time.

(ASHOK KUMAR GAUR),J

Parul Sharma/Preeti Asopa/8

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