Ajmer Vidyut Vitran Nigam Limited vs Ramkuwar S/O Shimbhuram(Dead)
2023 Latest Caselaw 1616 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN

                            BENCH AT JAIPUR

                    S.B. Civil First Appeal No. 31/2023

Ajmer Vidyut Vitran Nigam Limited,
                                                                      ----Appellant
                                      Versus
Ramkuwar S/o Shimbhuram(Dead)
                                                                    ----Respondent

For Appellant(s)             :    Mr. Vibhor Sharma
For Respondent(s)            :    Mr. Vidhut Kumar Gupta

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

04/02/2023

As per office report, the appeal is within time. Therefore, no

order is required to be passed on the application u/s 5 of the

Limitation Act and the same stands disposed of.

List after eight weeks.

In the meantime, operation/execution of the impugned

judgment and decree dated 24.8.2022 passed by Additional

District Judge, Shrimadhopur, District Sikar in Civil Suit

No.58/2013 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% per annum from

(2 of 2) [CFA-31/2023]

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 21.

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