Citation : 2023 Latest Caselaw 65 Raj/2
Judgement Date : 2 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3686/2022
Union Of India, Through General Manager
----Appellant
Versus
Smt. Aarti Sharma Wife Of Late Shri Shankar Lal Sharma &
Ors.
----Respondents
For Appellant(s) : Mr. Gaurav Jain, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
02/01/2023
Heard.
Issue notice to the respondents of the appeal as well as of
the stay application, returnable within four weeks.
Necessary steps be taken within a week.
Record be called for.
In the meantime, operation/execution of the impugned
judgment and award dated 11.10.2022 passed by the Railway
Claims Tribunal, Jaipur is stayed on the condition that the
appellant shall deposit the entire award amount with the Tribunal
within one month from today. On such deposit being made, the
respondents shall be at liberty to withdraw 50% out of the said
amount on an undertaking on oath to the effect that if the
appellant ultimately succeeds in the appeal, the said amount shall
be refunded by them with interest 9% per annum from the date of
withdrawal till refund. Remaining 50% of the amount be invested
(2 of 2) [CMA-3686/2022]
in the FDR of a nationalised bank initially for a period of one year
which shall be renewed from time to time.
(NARENDRA SINGH DHADDHA),J
Seema/49
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