Jaipur Vidyut Vitran Nigam ... vs Smt. Bhanwari Devi W/O Late ...
2023 Latest Caselaw 1614 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 80/2023

Jaipur Vidyut Vitran Nigam Limited,
                                                                  ----Appellant
                                   Versus
Smt. Bhanwari Devi W/o Late Chandaram
                                                                ----Respondent

For Appellant(s) : Mr. Nikhlesh Katara Mr. Rajendra Pareek Mr. Kapil Agarwal For Respondent(s) :

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

04/02/2023

Application under Section 5 of Limitation Act is allowed for

the reasons mentioned therein and the delay of 31 days in filing

the appeal is condoned.

Issue notice to the respondents of the appeal as well as stay

application.

List after six weeks.

In the meantime, operation/execution of the impugned

judgment and decree dated 17.9.2022 passed by District Judge,

Jaipur, in Civil Suit No.9/2018 is stayed on condition that the

appellant shall deposit entire decretal amount with the trial court

concerned within a month from today. On such deposit being

made, the respondents shall be at liberty to withdraw 50% of the

said amount on their furnishing an undertaking on oath to the

effect that if the appellant ultimately succeeds in the appeal, the

said amount shall be refunded by them alongwith interest @ 6%

(2 of 2) [CFA-80/2023]

per annum from the date of withdrawal till refund. The remaining

50% of the decretal amount be invested in FDR of a Nationalised

Bank initially for a period of one year which shall be renewed from

time to time.

(NARENDRA SINGH DHADDHA),J

Brijesh 23.

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