The Union Of India Through The ... vs Smt. Sampati Devi W/O Late Shri ...
2022 Latest Caselaw 289 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 5433/2018

The Union Of India Through The General Manager, West Central
Railway Jabalpur (M.p.)
                                                                  ----Appellant
                                   Versus
Smt. Sampati Devi W/o Late Shri Devkishan, Aged About 70
Years, R/o Village And Post Khandeep Tehsil Gangapur City
District Sawaimadhopur (Raj)
                                                                ----Respondent

For Appellant(s) : Mr. S.N. Meena, through VC

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

12/01/2022

Application (i.e. IA No.1/2021) for early listing the case is

allowed for the reasons stated therein.

Learned counsel for the appellant states that execution of

the award has been filed and the executing Court is insisting the

appellant to deposit the amount.

Heard.

Issue notice of the appeal as also stay application to the

respondent returnable within four weeks.

In the meantime, operation/execution of the impugned

judgment dated 29.06.2018 passed by the Railway Claims

Tribunal, Jaipur Bench, Jaipur in case No.162/2012 shall remain

stayed.

The appellant is directed to deposit the entire amount under

the award with the Tribunal within a period of one month from

(2 of 2) [CMA-5433/2018]

today. On such deposit the claimant-respondent would be at

liberty to withdraw 50 per cent of the said amount on furnishing

an undertaking on oath to the effect that if the appellant

ultimately succedes in the appeal, the said amount shall be

refunded with interest @ 6% per annum from the date of award

till refund is made. The remaining 50% amount shall be invested

in Fixed Deposit in any Nationalised Bank initially for a period of

one year which shall be renewed from time to time.

(ANOOP KUMAR DHAND),J

HEENA GANDHI /9

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