Ajmer Vidyut Vitran Nigam Limited vs Anita Devi W/O Late Bajrang Singh
2023 Latest Caselaw 1005 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                         BENCH AT JAIPUR

                S.B. Civil First Appeal No. 33/2023

Ajmer Vidyut Vitran Nigam Limited,
                                                                  ----Appellant
                                   Versus
Anita Devi W/o Late Bajrang Singh
                                                                ----Respondent

For Appellant(s) : Mr. Jai Prakash Bulania For Respondent(s) :

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

30/01/2023

Application under Section 5 of Limitation Act is allowed for

the reasons mentioned therein and the delay of 15 days in filing

the appeal is condoned.

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

application.

List after eight weeks.

In the meantime, operation/execution of the impugned

judgment and order dated 27.9.2022 passed by the District Judge,

Sikar in Civil Regular Suit (Fatal) No.65/2021 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

(2 of 2) [CFA-33/2023]

them alongwith interest @ 6% 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 39.

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