The Managing Director, Jodhpur ... vs Sitaram
2022 Latest Caselaw 9078 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 141/2019

1. The Managing Director, Jodhpur V.v.n. Ltd., Jodhpur

2. The Executive Engineer, Jodhpur Vidhyut Vitaran Nigam Limited (O And M), Churu

3. Assistant Engineer, Jodhpur Vidhyut Vitaran Nigam Limited (O And M), Rural , Sadulpur, District Churu, Rajasthan.

----Appellants Versus

1. Sitaram S/o Shri Chunaram, B/c Kumhar, R/o Rampura, Tehsil Rajgarh,district Churu, Rajasthan.

2. Mandeep S/o Shri Sitaram, B/c Kumhar, R/o Rampura, Tehsil Rajgarh,district Churu, Rajasthan.

3. Rakesh S/o Shri Sitaram, Through Natural Guardian (Father) Sitaram S/o Chunaram, B/c Kumhar, R/o Rampura, Tehsil Rajgarh,district Churu, Rajasthan.

4. Sunita D/o Sitaram, B/c Kumhar, R/o Rampura, Tehsil Rajgarh,district Churu, Rajasthan.

                                                                ----Respondents


For Appellant(s)         :     Mr. D.S. Sodha
For Respondent(s)        :     -

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

12/07/2022

Delay in filing P.F. & notices is condoned. Let notices of the

application under Section 5 of the Limitation Act as also First

Appeal and stay application be issued to the respondents. Rule is

made returnable within four weeks.

Heard on stay application.

(2 of 2) [CFA-141/2019]

Having regard to the facts and circumstances of the case, it

is considered appropriate and hence ordered that in the

meanwhile, if the appellants deposit 50% of the decreetal amount,

along with the interest as mentioned in the impugned judgment

and decree before the learned trial Court within a period of one

month from today, the recovery of the remaining decreetal

amount under the impugned judgment and decree shall remain

stayed.

The deposited amount may be disbursed to the respondents

in the manner and proportion as contemplated in the impugned

judgment and decree with an undertaking that if the appellants in

the present appeal succeed, they shall refund the same along with

interest in accordance with law.

It is further made clear that the amount previously deposited

by the appellant, if any, shall be adjusted towards the said

amount.

(VINOD KUMAR BHARWANI),J 61-Mamta/-

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