F.A.No.830/2010
M.P.Poorva Kshetra Vidyut Rajkumar and another
Vitran Co. Ltd & others
17.10.2011
Shri Mukesh Agarwal, counsel for appellants.
Shri Paritosh Trivedi, counsel for respondent no.1.I.A.No.12846/2010 for interim stay.
It is submitted by the appellants that appellants have
deposited decretal amount before the trial Court, but it is prayed
that respondent no.1 be restrained to withdraw the aforesaid
amount.
Prayer is opposed by the learned counsel for respondent
no.1, who submitted that respondent no.1 may be permitted to
withdraw the aforesaid amount as he has suffered permanent
disability because of electrocution.
Considering rival contention of the parties, we direct thus :-
1. The trial Court shall disburse the amount of Rs.1,00,000/-
(Rupees one lacs only) to the respondent no.1, out of the amount
deposited by the appellants.
2. Remaining amount of Rs.3,12,400/- (Rupees three lacs
twelve thousand four hundred only) be deposited by the trial Court
in a Nationalized Bank in a beneficial TDR initially for a period of 3
years, which shall be extendable time to time, in case this appeal is
not heard and decided within the aforesaid period.
3. If the appellants have deposited the entire decretal amount,
the trial Court shall stay the execution of judgment and decree,
pending before it.
With the aforesaid direction, I.A.No.12846/2010 is finally
disposed of.
Be listed for hearing in the month of March, 2012.
C.C., as per rules.
(Krishn Kumar Lahoti) (Smt.Vimla Jain)
M JUDGE JUDGE