Chetak Mitra Tollways Pvt. Ltd vs Jamana Kanwar
2022 Latest Caselaw 10744 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 428/2019

1. Chetak Mitra Tollways Pvt. Ltd., Through Its Authorized Person Shri Shiv Prakash Khatana S/o Late Shri Chitarmal Khatana, Aged About 65 Years, R/o House No. 491/48, Near Gulab Badi Railway Crossing, Shri Nagar Road, Ajmer.

2. Hemendra Kumar S/o Late Kanhaiyalal, Aged About 63 Years, B/c Soni, R/o House No. 842/28, Hanuman Nagar, Bihariganj, Tehsil And District Ajmer. Project Director Of Chetak Mitra Tollways Pvt. Ltd.

----Appellants Versus

1. Jamana Kanwar W/o Late Shri Padam Singh, Aged About 55 Years, B/c Rajput, Ro 486, Meeno Ka Bas, Rodala, Tehsil Ahore, District Jalore.

2. Babu Singh S/o Late Shri Padam Singh, Aged About 35 Years, B/c Rajput, Ro 486, Meeno Ka Bas, Rodala, Tehsil Ahore, District Jalore.

3. Mahendra Singh S/o Late Shri Padam Singh, Aged About 30 Years, B/c Rajput, Ro 486, Meeno Ka Bas, Rodala, Tehsil Ahore, District Jalore.

4. Ms. Sobha Kanwar D/o Late Shri Padam Singh, Aged About 28 Years, B/c Rajput, Ro 486, Meeno Ka Bas, Rodala, Tehsil Ahore, District Jalore.

5. Ms. Suraj Kanwar D/o Late Shri Padam Singh, Aged About 25 Years, B/c Rajput, Ro 486, Meeno Ka Bas, Rodala, Tehsil Ahore, District Jalore.

6. United India Insurance Co. Ltd., Branch Office Mandiya Road, Tehsil And District Pali. (Insurer)

----Respondents

For Appellant(s) : Mr. Prashant Panwar Mr. Ayush Gehlot For Respondent(s) : Mr. Narendra Singh Mr. Mukul Singhvi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

(2 of 2) [CFA-428/2019]

Order

23/08/2022

Heard.

Admit.

No need to issue notice as Mr. Narendra Singh Rajpurohit and

Mr. Mukul Singhvi learned counsels are appearing on behalf of the

respondents.

Call for the record.

Having regard to the facts and circumstances of the case, it

is considered appropriate and hence ordered that in the

meanwhile if the appellants deposit 60% of the decreetal amount,

along with the interest as mentioned in the impugned judgment

and decree before the learned Trial Court within a period of one

month, the recovery of the remaining amount under the impugned

judgment and decree dated 08.05.2019 shall remain stayed.

The deposited amount may be disbursed to the claimants in

the manner and proportion as contemplated in the impugned

judgment and decree with the undertaking that if the appellants in

the present appeal succeeds, he/she/they shall refund the same

alongwith interest in accordance with law.

It is made clear that the amount previously deposited by the

appellants, if any, shall be adjusted towards the said amount.

(MADAN GOPAL VYAS),J 66-neha/-

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