Jaipur Vidyut Vitran Nigam ... vs Anita Devi Widow Of Nihal Singh
2023 Latest Caselaw 748 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 826/2022

Jaipur Vidyut Vitran Nigam Limited
                                                                      ----Appellant
                                   Versus
Anita Devi Widow Of Nihal Singh, & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Shamsul Aarefin, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

23/01/2023

Heard.

Application under Section 5 of Limitation Act is allowed

for the reasons mentioned therein and delay of 38 days in filing

the appeal is condoned.

Issue notice to the respondents of the appeal as well as

of the stay application.

List after four weeks.

In the meantime, operation/execution of the impugned

judgment and decree dated 06.07.2022 passed by the Additional

District Judge, Mundawar, District Alwar, in Civil Suit

No.04/2018(52/14) 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

(2 of 2) [CFA-826/2022]

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

Gourav/38

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