Rajasthan State Mines And ... vs Nakoda Transport Company Private ...
2022 Latest Caselaw 1423 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Civil First Appeal No. 965/2019

Rajasthan State Mines And Minerals Ltd. and Ors.
                                                                  ----Appellants
                                    Versus
Nakoda Transport Company Private Ltd.
                                                                 ----Respondent

For Appellant(s) : Mr. Pranjul Chopra, Advocate For Respondent(s) : Mr. Ajeet Kumar Bhandari, Sr. Advocate with Mr. Jitendra Mishra, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

10/02/2022

Application No. 1/2019 in Civil First Appeal No. 965/2019

Matter comes up on application (No. 1/2019) under

Section 149 of Civil Procedure Code, 1908 for extending time to

deposit deficiency of Court fee.

Heard. Considered.

Application is allowed for the reasons mentioned

therein and the time in depositing the Court fee is extended till

actual deposition.

S.B. Civil First Appeal No. 965/2019

Heard learned counsel for the parties.

Mr. Jitendra Mishra, Advocate puts his appearance on

caveat.

Copy of the memo of appeal has already been supplied

to him.

Record of the trial Court be summoned.

                                                               (2 of 2)                                      [CFA-965/2019]



                                                  List on 08.04.2022.

In the meantime, execution/operation of the impugned

judgment and decree dated 04.07.2019 passed by the learned

Commercial Court concerned shall remain stayed subject to the

condition that the appellants shall deposit 50% of the decretal

amount with the Commercial Court concerned within 6 weeks from

today and shall also furnish a solvent security with regard to the

remaining 50% of the decretal amount before the Commercial

Court concerned within the aforesaid period.

On such deposit being made, the respondent shall be at

liberty to withdraw the said amount on its furnishing an

undertaking to the effect that if the appellants ultimately succeed

in the appeal, the said amount shall be refunded to the appellants

alongwith interest @ 6% per annum from the date of withdrawal

till refund.

(MAHENDAR KUMAR GOYAL),J (PRAKASH GUPTA),J

MR/1

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