Rajasthan High Court - Jodhpur
Chairman vs Chanda on 22 February, 2023
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 80/2023
1. Chairman, Ajmer Vidyut Vitran Nigam Limited, Ajmer
(Rajasthan).
2. Superintendent Engineer, Ajmer Vidyut Vitran Nigam
Limited, Ajmer (Rajasthan, Patel Circle, Udaipur)
3. Executive Engineer, Ajmer Vidyut Vitran Nigam Limited,
Salumbar, District Udaipur (Rajasthan).
4. Assistant Engineer, Ajmer Vidyut Vitran Nigam Limited,
Salumbar, District Udaipur. (Rajasthan).
----Appellants
Versus
1. Smt. Chanda W/o Late Shri Kanhaiyalal Keer, Aged About
32 Years, Resident of Jetana, Tehsil Salumbar, District
Udaipur. (Raj.)
2. Ms. Deepika D/o Late Shri Kanhaiyalal Keer, Aged About
14 Years, through Natural Guardian Mother Smt. Chanda
W/o Late Shri Kanhaiyalal, Resident of Jetana, Tehsil
Salumbar, District Udaipur. (Raj.)
3. Meenal S/o Late Shri Kanhaiyalal, Aged About 12 Years,
through Natural Guardian Mother Smt. Chanda W/o Late
Shri Kanhaiyalal, Resident of Jetana, Tehsil Salumbar,
District Udaipur. (Raj.)
4. Ms. Khushbu D/o Late Shri Kanhaiyalal Keer, Aged About
10 Years, through Natural Guardian Mother Smt. Chanda
W/o Late Shri Kanhaiyalal, Resident of Jetana, Tehsil
Salumbar, District Udaipur. (Raj.)
5. Dala S/o Roopa Keer, Aged About 54 Years, Resident of
Jetana, Tehsil Salumbar, District Udaipur. (Raj.)
6. Smt. Parvati W/o Shri Dala Keer, Aged About 52 Years,
Resident of Jetana, Tehsil Salumbar, District Udaipur.
(Raj.)
----Respondents
Connected With
S.B. Civil First Appeal No. 492/2022
(2 of 4) [CFA-80/2023]
1. Chairman, Ajmer Vidyut Vitran Nigam Ltd., Ajmer
(Rajasthan)
2. Superintendent Engineer, Ajmer Vidyut Vitran Nigam
Limited, Ajmer (Rajasthan) Patel Circle, Udaipur.
3. Executive Engineer, Ajmer Vidyut Vitran Nigam Limited,
Salumbar, District Udaipur (Rajasthan)
4. Assistant Engineer, Ajmer Vidyut Vitran Nigam Limited,
Salumbar, District Udaipur (Rajasthan)
----Appellants
Versus
1. Chanda W/o Late Shri Kanhaiyalal Keer, Aged About 32
Years, R/o Jetana. Tehsil Salumbar, District Udaipur. (Raj.)
2. Ms. Deepika D/o Late Shri Kanhaiyalal Keer, Aged About
14 Years, Through Natural Guardian Mother Smt. Chanda
W/o Late Shri Kanhaiya Lal, R/o Jetana, Tehsil Salumbar,
District Udaipur (Raj.)
3. Meenal S/o Late Shri Kanahaiyalal Keer, Aged About 12
Years, Through Natural Guardian Mother Smt. Chanda
W/o Late Shri Kanhaiya Lal R/o Jetana, Tehsil Salumbar,
District Udiapur (Raj.)
4. Ms. Khushbu D/o Late Shri Kanhaiyalal Keer, Aged About
10 Years, Through Natural Guardian Mother Smt. Chanda
W/o Late Shri Kanhaiya Lal, R/o Jetana, Tehsil Salumbar,
District Udaipur (Raj.)
5. Dala S/o Roopa Keer, Aged About 54 Years, R/o Jetana,
Tehsil Salumbar, District Udaipur. (Raj.)
6. Smt. Parvati W/o Shri Dala Keer, Aged About 52 Years,
R/o Jetana, Tehsil Salumbar, District Udaipur. (Raj.)
----Respondents
For Appellant(s) : Mr. Vinod Kumar, Executive Engineer
of the appellant No.1 present in-person
For Respondent(s) : None present
HON'BLE MS. JUSTICE REKHA BORANA
Order
(3 of 4) [CFA-80/2023]
22/02/2023
S.B. Civil First Appeal No. 80/2023
Mr. Vinod Kumar present in person on behalf of the appellant
Corporation. He submits that in the present matter, a claim
petition was preferred by the claimants and vide judgment dated
18.08.2022, an award for Rs.9,68,560/- was passed in favour of
the claimants. Against the same, a regular first appeal being
No.492/2022 was preferred by the appellants and an interim order
was passed in the said appeal on 18.11.2022 whereby the
appellants were directed to deposit 60% of the decretal amount
along with the interest and rest of the decree was stayed.
Subsequently, an application under Order XLVII Rule 1 of the
Code of Civil Procedure was preferred by the claimants before the
learned Court below for review of the earlier judgment dated
18.08.2022 with a submission that the amount qua future
prospects had not been considered by the Court while computing
the compensation. The said application was decided by the
learned Court vide impugned judgment dated 10.11.2022 and the
earlier judgment dated 18.08.2022 was reviewed and modified
vide the said judgment. Vide impugned judgment, the
compensation/award has been enhanced to Rs.13,27,984/-.
Aggrieved against the said amended judgment dated 10.11.2022,
the present first appeal has been preferred.
Mr. Vinod Kumar present in person on behalf of the appellant
Corporation admitted that no amount in pursuance to the interim
order dated 18.11.2022 has been paid to the claimants till date by
the Department as the review judgment had been passed.
(4 of 4) [CFA-80/2023]
In view of the fact that an interim order had been passed by
this Court in the earlier appeal and in view of the fact that no
amount in pursuance to the said order has till date been paid to
the claimants, Admit. Issue notice. Issue notice of the stay
application also.
Notices be filed in two sets. One set of notices be given
'dasti' to learned counsel for the appellants for service through
registered post, acknowledgement due. Notices be made
returnable within a period of six weeks.
The operation and execution of the amended judgment and
decree dated 10.11.2022 shall remain stayed subject to the
appellants depositing 60% of the decretal amount along with
interest within a period of two months. The deposited amount be
disbursed to the claimants in the manner and proportion as
contemplated in the impugned judgment and decree. It is made
clear that the amount, if any, previously deposited by the
appellants shall be adjusted towards the above amount.
It is made clear that if the 60% amount as ordered above is
not deposited within the prescribed time, the present order shall
cease to operate.
S.B. Civil First Appeal No. 492/2022
List along with S.B. Civil First Appeal No.80/2023.
(REKHA BORANA),J
88-89-Sachin/-
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