Rajasthan High Court
Sawaimadhopur Cooperative ... vs Kailash Chand And Ors on 15 July, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 384/2017
1. Sawaimadhopur Cooperative Consumer Wholesale
Bhandar Ltd., Branch Gangapurcity, Through Chairman
And General Manager At Present Address Mantown
Bajariya, Sawaimadhopur
2. Sawaimadhopur Cooperative Consumer Wholesale
Bhandar Ltd., Branch Gangapurcity Through At Present
Address Cashier Manotwn Bajariya Sawaimadhopur
----Appellants
Versus
1. Kailash Chand S/o Shri Ramniwas, R/o Morpa, P.S. And
Tehsil Bamanwas, Distt. Sawaimadhopur
2. State Of Rajasthan Through District Collector,
Sawaimadhopur
3. District Supply Officer, Court Premises, Sawaimadhopur
----Respondents
Connected With
S.B. Civil First Appeal No. 220/2017
Sawaimadhopur Cooperative Consumer Wholesale Bhandar Ltd.
Mantown, Sawaimadhopur through General Manager
----Appellant
Versus
Badri Narayan Gupta S/o Shri Bajrang Lal Gupta, R/o Village
Didwadi, F.p.s. Dealer Village Didwadi, Teh. Bonli, Distt.
Sawaimadhopur
----Respondent
For Appellant(s) : Ms. Priyanka Pareek
For Respondent(s) : Mr. Kuldeep Verma with
Ms. Chhaya Rani Sharma and
Ms. Manju Mani Hazarika
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
(2 of 3) [CFA-384/2017]
15/07/2022
S.B. Civil First Appeal No. 384/2017:-
1. Appellants-defendants have filed this first appeal, assailing
judgment and decree dated 02.05.2017 passed by Additional
District Judge, Sawai Madhopur in civil suit No.137/2012
(81/2011) whereby civil suit for recovery of deposited amount,
filed by respondent-plaintiff, has been decreed.
2. Counsel for appellants submits that in pursuance to the order
dated 21.07.2017 passed by this Court, appellants have deposited
the decretal amount of Rs.87,647/- which is laying in FDR.
3. Counsel for respondent-plaintiff has prayed to disburse the
decretal amount with interest as deposited by appellants in FDR.
4. Heard.
5. Appeal is admitted.
6. Having considered the fact that decretal amount is the
amount which was deposited by appellants-defendants for
disbursement of essential commodities by respondent-plaintiff but
due to some dispute, essential commodities were not disbursed,
hence, plaintiff instituted civil suit for recovery of deposited
amount which has been decreed. It appears from record that at
one point of time, respondent No.3-defendant District Supply
Officer, has passed an order to refund the amount deposited by
appellants.
7. Without expressing any opinion on merits of the case,
decretal amount so deposited by appellants which is laying in FDR
be disbursed to respondent-plaintiff on furnishing a written
undertaking to the effect that in case appellants succeed in the
present appeal, he will restitute the amount to appellants with
simple interest at the rate of 6% per annum.
(3 of 3) [CFA-384/2017]
8. Accordingly, the stay application stands disposed of.
9. The trial Court may complete the exercise of disbursement of
compensation amount as stated hereinabove and thereafter would
send the record to this Court.
S.B. Civil First Appeal No. 220/2017:-
1. Appellant-defendant has filed this first appeal, assailing
judgment and decree dated 28.02.2017 passed by the District
Judge, Sawai Madhopur in Civil Suit No.94/2012 whereby civil suit
for recovery of deposited amount, filed by respondent-plaintiff,
has been decreed.
2. Counsel for appellant submits that pursuant to the order
dated 21.07.2017, appellants have deposited the decretal amount
of Rs.2,43,004/- which is laying before the nationalized bank in
FDR.
3. Heard.
4. Appeal is admitted.
5. Notice of hearing be issued to respondent.
6. Since no one has appeared on behalf of respondent-plaintiff,
at this stage, the stay order dated 21.07.2017 is made absolute.
However, respondent-plaintiff would be at liberty to move an
application for disbursement of amount, if so desire
7. Accordingly, the stay application stands disposed of.
(SUDESH BANSAL),J
NITIN /111-112
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