Ajmer Vidhyut Vitran Nigam ... vs Sumitra Devi W/O Late Shri Mahipal ...
2023 Latest Caselaw 369 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 11/2023

Ajmer Vidhyut Vitran Nigam Limited
                                                                   ----Appellant
                                    Versus
Sumitra Devi W/o Late Shri Mahipal Singh & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Amitabh Jatav, Adv. on behalf of Mr. Arvind Pareek, Adv.

For Respondent(s) :

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

11/01/2023

Heard.

Issue notice to the respondents of the appeal as well as

of the stay application.

List after eight weeks.

In the meantime, operation/execution of the impugned

judgment and decree dated 16.09.2022 passed by the District &

Sessions Judge, Sikar (Raj.) in Civil Regular Suit (Fatal)

No.58/2020 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-

plaintiffs 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

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

(2 of 2) [CFA-11/2023]

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

Gourav/38

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