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REKHA BORANA
Ajmer Vidhyut Vitran Nigam Ltd – Appellant
Versus
Suman – Respondent
JUDGMENT
Rekha Borana, J. - Admit.
Issue notice.
2. Notices need not be issued as Mr. Shashi Kant has put in appearance on behalf of all the respondents.
Heard on stay application.
3. The operation and execution of the judgment and decree dated 07.09.2022 shall remain stayed subject to the appellant depositing 80% of the decretal amount within a period of two months with the trial Court. The said amount, on deposit be disbursed to the respondents.
4. Stay petition disposed of accordingly.
The court's decision was influenced by the State's undertaking to deposit the entire decretal amount within a specified period, leading to an ad-interim stay on the execution proceedings.
Granting ad-interim stay subject to deposit of entire compensation and interest accrued.
A party may file a subsequent application even after an earlier application is dismissed for technical reasons, provided the underlying obligations remain.
Non-compliance with a court's deposit order leads to dismissal of the petitions.
Interest on decreed amounts will not cease upon deposit in a court other than the executing court; actual payment to the decree holder is required to stop interest accrual.
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