Jodhpur Vidhyut Vitran Nigam ... vs Samudi @ Samu Devi
2022 Latest Caselaw 12838 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 471/2022

1. Jodhpur Vidhyut Vitran Nigam Limited, Jodhpur Head Office, Sector 7, New Power House, Jodhpur Through Its Managing Director.

2. Assistant Engineer, Jodhpur Vidhyut Vitran Nigam Limited, Osian, District Jodhpur.

----Appellants Versus

1. Samudi @ Samu Devi W/o Shri Bhoma Ram, Aged About 45 Years, R/o Vedu Kalan, Tehsil Osian, District Jodhpur (Raj.)

2. Bhoma Ram S/o Shri Daula Ram, Aged About 47 Years, R/o Vedu Kalan, Tehsil Osian, District Jodhpur (Raj.)

----Respondents

For Appellant(s) : Mr. Bhavit Sharma For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

01/11/2022

Heard.

Admit.

Issue notice to the respondents. Issue notice to stay

application also, returnable within six weeks.

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 appellants deposit 60% of the decreetal amount,

along with the interest as mentioned in the impugned judgment

(2 of 2) [CFA-471/2022]

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

month, the recovery of the remaining amount under the impugned

judgment and decree dated 15.07.2022 shall remain stayed.

The deposited amount may be disbursed to the claimants in

the manner and proportion as contemplated in the impugned

judgment and decree with the undertaking that if the appellants 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

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

(MADAN GOPAL VYAS),J 17-neha/-

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