Ajmer Vidhyut Vitran Nigam Ltd vs Raju Ram
2022 Latest Caselaw 13316 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Civil First Appeal No. 442/2022

1. Ajmer Vidhyut Vitran Nigam Ltd, Ajmer Trough Its Chair-

man

2. Execution Engineer, Ajmer Vidhyut Vitran Nigam Ltd.

Merta

3. Superintending Engineer (P And S), Ajmer Vidhyut Vitran Nigam Ltd., Nagaur.

4. Assistant Engineer (O And M), Ajmer Vidhyut Vitran Nigam Ltd. Merta.

----Appellants Versus

1. Raju Ram S/o Bhawru Ram, B/c Meghwal, R/o Shiv, Tehsil Merta, District Nagaur.

2. Kamli W/o Raju Ram, B/c Meghwal, R/o Shiv, Tehsil Merta, District Nagaur.

                                                                ----Respondents


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

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

11/11/2022

Learned counsel appearing for the appellant submits that

there was no negligence on the part of the appellant AVVNL and

on account of the negligence on the part of deceased, the accident

was occurred.

Matter requires consideration.

Heard.

Admit.

Issue notice to the respondents. Issue notice to stay

application also, returnable within six weeks.

(2 of 2) [CFA-442/2022]

Call for the record.

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

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 16.07.2022 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 5-neha/-

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