The Union Of India Through General ... vs Ramkumar Alias Rajkumar S/O Amar ...
2022 Latest Caselaw 516 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 1030/2018

The Union Of India Through General Manger
                                                                   ----Appellant
                                    Versus
Ramkumar Alias Rajkumar S/o Amar Singh
                                                                 ----Respondent

For Appellant(s) : Mr. Shailesh Prakash Sharma, Advocate through VC For Respondent(s)- : Mr. Dilip Singh Kurka, Advocate Applicant(s) through VC

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

20/01/2022

Matter comes up on an application (No.1/2022) under

Section 151 CPC for disbursement of the awarded compensation

amount deposited by the appellant and lying with ADJ No. 3,

Bharatpur (for short 'the trial Court').

Learned counsel for the respondents-claimants-

applicants (for short 'the applicants') submits that on account of

the death of Sumitra Devi, the trial Court vide its judgment and

decree dated 08.08.2018 has awarded compensation to the tune

of Rs.2,05,000/- alongwith interest @ 7.5% p.a in favour of the

claimant and the same was deposited by the appellant in

compliance of the order dated 18.12.2018 passed by the Co-

ordinate Bench of this Court, which is lying in deposit in FDR with

the trial Court. He further submits that the applicant is in dire

need of money for meeting out the marriage expenses of his

grand daughters, which is scheduled to be solmenized on

(2 of 2) [CFA-1030/2018]

22.01.2022. He, therefore, prays that the trial Court may kindly

be directed to disburse the compensation amount in his favour.

Learned counsel for the appellant-non-applicants has

opposed the same.

Heard. Considered.

Having regard to the submissions made by learned

counsel for the parties and taking into consideration the facts and

circumstances of the case, the trial Court is directed to disburse

50% of the decretal amount in favour of the claimant Ramkumar

@ Rajkumar on his furnishing a solvent security and an

undertaking on oath to the effect that if the appellant ultimately

succeeds in the appeal, the said amount shall be refunded by him

to the appellant with interest @ 7.5 per annum from the date of

withdrawal till refund. Remaining 50% amount shall continue to be

invested in the FDR by the trial Court till further orders by this

Court.

The application (No.1/2022) stands disposed of.

(PRAKASH GUPTA),J

MR-29

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