Saddiq Mohammed And Anr vs Smt Sushila And Ors
2022 Latest Caselaw 3884 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B. Civil Miscellaneous Appeal No. 1795/2017

Saddiq Mohammed And Anr
                                                                  ----Appellants
                                   Versus
Smt Sushila And Ors
                                                                ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 1802/2017 Saddiq Mohammed And Anr

----Appellants Versus Sitaram And Anr

----Respondents S.B. Civil Miscellaneous Appeal No. 3418/2017 Sitaram

----Appellant Versus Saddique Mohd And Ors

----Respondents S.B. Civil Miscellaneous Appeal No. 3595/2017 Smt Sushila And Ors

----Appellants Versus Saddique Mohd And Ors

----Respondents

For Appellant(s) : Mr. Rahul Sharma For Respondent(s) : Mr. Praveen Kumar Jain Mr. R.P. Vijay

HON'BLE MR. JUSTICE SUDESH BANSAL Order

17/05/2022 S.B. Civil Miscellaneous Appeal Nos. 1795/2017 and 1802/2017:-

These two appeals have been filed by appellants-Non

claimant- Owner and driver of vehicle in question, this Court vide

(2 of 2) [CMA-1795/2017]

order dated 18.04.2017 stayed the operation of the impugned

judgment and award on the statement of counsel for appellants

that non-claimants have deposited 25% of award amount before

the Tribunal.

Counsel for respondents-claimants has pointed out that non-

claimants have not deposited 25% amount of total award along

with interest.

Other two appeal Nos.3418/2017 and 3595/2017 have been

filed by the claimants for enhancement of compensation.

Having heard counsel for both parties.

All appeals are admitted for hearing.

Counsel appearing for respondents accepts notices for

hearing of appeal, hence, service is complete.

It is made clear that appellants non-claimants shall ensure

that they have deposited 25% of the total compensation along

with interest, then only the stay order dated 18.04.2017 will come

in operation. In case, the interest amount or any due amount has

not deposited, same can be deposited within a period of four

weeks from today. In case of non-deposition of 25% amount of

compensation with interest, in both claim petitions, the stay order

dated 18.04.2017 be treated as vacated and claimants would be

free to execute the award.

With aforesaid clarification, the stay application and

application for vacation of stay order dated 18.04.2017 stand

disposed of.

(SUDESH BANSAL),J

NITIN /73-76

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