Ajmer Vidyut Vitran Nigam Limited vs Smt. Priyanka Devi W/O Late Shri ...
2022 Latest Caselaw 1306 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR
                                                      S.B. Civil First Appeal No. 461/2021
                                   Ajmer Vidyut Vitran Nigam Limited and Ors.                       ----Appellants
                                                                        Versus
                                   Smt. Priyanka Devi W/o Late Shri Santosh Kumar and Ors.
                                                                                                    ----Respondents

For Appellant(s) : Ms. Parinitoo Jain, Advocate (through VC)

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

05/02/2022 Heard learned counsel for the appellant.

Issue notices to the respondents, returnable within four

weeks.

Necessary steps be taken within a week.

Call for the record of the court below.

In the meantime, operation/execution of the impugned

judgment and decree dated 27.09.2021 passed by the District Judge,

Sikar in Civil Suit (Fatal) No.21/2016 is stayed on the condition that the

appellants shall deposit the entire decretal amount with the trial Court

within eight weeks from today. On such deposit being made, the

respondents shall be at liberty to withdraw 50% of the said amount as

per the terms of judgment and decree on their furnishing an

undertaking on oath to the effect that if the appellants ultimately

succeed in the appeal, the said amount shall be refunded by them to

the appellants with interest @ 6% per annum from the date of

withdrawal till refund. The remaining 50% of the said amount be

invested in the FDR in a Nationalised Bank initially for a period of two

years which shall be renewed from time to time.

(PRAKASH GUPTA),J

KuD/7

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