Ajmer Vidyut Vitran Nigam Ltd vs Mannaram @ Manaram S/O Shri Ishwar
2023 Latest Caselaw 1062 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil First Appeal No. 725/2022

Ajmer Vidyut Vitran Nigam Ltd.
                                                                     ----Appellant
                                   Versus
Mannaram @ Manaram S/o Shri Ishwar
                                                                   ----Respondent

For Appellant(s) : Ms. Anuradha Upadhyay For Respondent(s) :

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

31/01/2023

Heard.

Application under Section 5 of Limitation Act is allowed for

the reasons mentioned therein and the delay of 8 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 decree dated 8.7.2022 passed by Additional District

Judge No.2, Neem Ka Thana, District Sikar in Civil Suit

No.78/2022 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-725/2022]

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.

The application (1/2023) stands disposed of accordingly.

(NARENDRA SINGH DHADDHA),J

Brijesh 28.

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