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