Nationa Highway Authority Of ... vs Ram Laxman Bangad
2023 Latest Caselaw 3662 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 61/2023

1. National Highway Authority Of India, (Ministry Of Road Transport And Highways, Government Of India) Through Chief General Manager (Technical), Nhai, G5 And 6, Sector No. 10, Dwarka, New Delhi.

2. National Highway Authority Of India, (Ministry Of Road Transport And Highways, Government Of India) Thorugh Chief General Manager (Technical) And Regional Officer Nhai, F120, Janpatshamnagar Near Danapaani Restaurant, Jaipur.

3. National Highway Authority Of India, (Ministry Of Road Transport And Highways, Government Of India) Through Project Implementation Unit Udaipur, Plot No. 465 Near Saras Dairy, Goverdhan Villas, Udaipur.

----Appellants Versus Ram Laxman Bangad S/o Late Jamanalal Bangad, Resident Of 13 Krishna Complex, Dhaibaiji Ki Baadi, Pooliya, Udiapur.

----Respondent

For Appellant(s) : Mr. Yogesh Parmar Mr. Narendra Singh Rajpurohit

HON'BLE MS. JUSTICE REKHA BORANA

Order

26/04/2023

1. The following substantial questions of law arise in the

present appeal:

i. Whether the first Appellate Court erred in decreeing the suit

of the plaintiff qua the period of April, 2014 to January, 2015

ignoring the specific finding of the trial Court reached while

keeping into consideration Exh.14 whereby the department

(2 of 2) [CSA-61/2023]

had specifically disproved engagement of the plaintiff for the

said period?

ii. Whether the first Appellate Court erred in decreeing the suit

of the plaintiff only on the ground that the decree passed by

the learned trial Court to the extent of remuneration for the

period of January, 2014 to March, 2014 had not been

challenged by the defendant?

2. Admit. Issue notice.

Issue notices of stay application also.

Notices be filed in two sets. On the same being filed, one set

be given 'dasti' to learned counsel for the appellants for service

through registered post acknowledgment due.

Postal receipts of 'dasti' notices be filed within a period of

one week from the date of receipt of 'dasti' notices.

3. Call for the record.

4. Meanwhile, operation, effect and execution of the judgment

and decree dated 22.12.2022 passed by District & Sessions Judge,

Udaipur in Civil First Appeal No.61/2020 shall remain stayed.

(REKHA BORANA),J 14-T.Singh/-

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