Ajmer Vidhyut Vitran Nigam Ltd vs Gayatri Devi
2022 Latest Caselaw 9329 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 288/2022

1. Ajmer Vidhyut Vitran Nigam Ltd., Jodhpur Through Its Chairman.

2. Superintending Engineer, A.v.v.n.l., Nagaur.

3. Assistant Engineer, A.v.v.n.l. Kuchaman City, Tehsil Nava, Distt. Nagaur.

----Appellants Versus

1. Gayatri Devi W/o Jagdish Prasad, Aged About 38 Years, R/o Nalot, Tehsil Nava, Distt. Nagaur.

2. Jagdish Prasad S/o Govind Ram, Aged About 43 Years, R/ o Nalot, Tehsil Nava, Distt. Nagaur.

3. Shiv Prasad S/o Jagdish Prasad, Aged About 12 Years, Minor Through His Natural Guardian Respondent No.2, R/ o Nalot, Tehsil Nava, Distt. Nagaur.

4. Rajendra S/o Jagdish Prasad, Aged About 9 Years, Minor Through His Natural Guardian Respondent No.2, R/o Nalot, Tehsil Nava, Distt. Nagaur.

5. Hemant S/o Jagdish Prasad, Aged About 7 Years, Minor Through His Natural Guardian Respondent No.2, R/o Nalot, Tehsil Nava, Distt. Nagaur.

----Respondents

For Appellant(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Gaju Singh Rathore

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

18/07/2022 Heard.

Admit.

Issue notice to the respondents. Issue notice of stay

application also, returnable within six weeks.

                                                                               (2 of 2)                [CFA-288/2022]


                                         Call for the record.

                                         Heard on stay application.

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

is considered appropriate and hence ordered that in the

meanwhile if the appellant deposits 60% of the decreetal amount,

along with the interest as mentioned in the impugned judgment

and decree before the Trial Court within a period of one month,

the recovery of the remaining amount under the impugned

judgment and decree dated 24.04.2022 shall remain stayed.

The deposited amount may be disbursed to the plaintiffs in

the manner and proportion as contemplated in the impugned

judgment and decree with the undertaking that if the appellant in

the present appeal succeeds, he/she/they shall refund the same

alongwith interest in accordance with law.

It is made clear that the amount previously deposited by the

appellant, if any, shall be adjusted towards the said amount.

(MADAN GOPAL VYAS),J 16-neha/-

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