Superintendent Engineer ... vs Sunita Meena Wife Of Bablu Meena
2023 Latest Caselaw 351 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 599/2021
Superintendent Engineer (Central Store)
                                                                    ----Appellant
                                    Versus
Sunita Meena Wife Of Bablu Meena
                                                                  ----Respondent

For Appellant(s) : Mr. Imran Khan, Addl. GC For Respondent(s) : Mr. Naseemuddin Qazi, Adv.

Mr. Rahul Sharma, Adv. on behalf of Mr. Rajneesh Gupta, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

11/01/2023

Matter comes up on an application (I.A. No.01/2023) under

Section 151 of CPC for modifying the order dated 05.01.2023.

Learned counsel for the appellant submits that on

05.01.2023, this court admitted the appeal, called for the record

and asked the appellant to deposit the entire amount with the

tribunal, out of which 50% of the award amount was directed to

be disbursed to the claimant and rest 50% award amount was

stayed. However, due to typographical error, only the record was

called for. He has prayed to modify the order dated 05.01.2023

passed by this Court.

Learned counsel for the respondent does not oppose the

same.

Heard. Considered.

Admit.

(2 of 2) [CMA-599/2021]

In the meantime, operation/execution of the impugned

judgment and award dated 30.01.2020 passed by the Motor

Accident Claim Tribunal, Karauli in M.A.C. No.04/2019 is stayed on

condition that the appellant No.1 shall deposit entire award

amount with the Tribunal concerned within a month from today.

On such deposit being made, the claimant shall be at liberty to

withdraw 50% of the said amount on his furnishing an

undertaking on oath to the effect that if the appellant No.1

ultimately succeeds in the appeal, the said amount shall be

refunded by him alongwith interest @ 6% per annum from the

date of withdrawal till refund. Remaining 50% of the award

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 tribunal is directed to send the record to this Court after

disbursement of the amount.

The order dated 05.01.2023 is modified to the aforesaid

extent.

The application (I.A. No.01/2023) stands disposed of

accordingly.

(NARENDRA SINGH DHADDHA),J

Jatin /104

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