Sunny and Another v. Smt. Savita Devi and 6 Others
Case brief
What is this about?
Single judge order granting stay on an award of the Tribunal conditional on 50% deposit of awarded amount with interest and partial surety within two months. The order remains subject to exchange of affidavits and summons of record below.
What did the court decide?
Stay on award dated 16.9.2024 until next date, conditional on 50% cash deposit and surety for balance.
What the court decided
Court No. - 36 Case :- FIRST APPEAL FROM ORDER No. - 48 of 2025 Appellant :- Sunny And Another Respondent :- Smt. Savita Devi And 6 Others Counsel for Appellant :- Dharmendra Kumar Gupta Counsel for Respondent :- Satya Prakash Maurya
Hon'ble Dinesh Pathak,J.
- It is submitted that income of the deceased has not been proved and award has been decided at the higher side.
- Admit. Let the record of court below be summoned.
- Issue notice to opposite no. 7 fixing 7.4.2025 as the date. Claimant-respondent nos. 1 to 6 are already represented. In the meantime both the parties shall exchange their respective affidavits.
Stay Application
- Issue notice as observed above.
- Till the next date of listing the effect and operation of the award dated 16.9.2024 passed by learned Tribunal in claim petition No.244 of 2016 shall remain stayed provided the appellant deposits the 50% of the awarded amount in cash along with interest with the tribunal concerned and for remaining 50% amount with interest, he shall be at liberty to furnish the surety other than cash or bank guarantee with the tribunal, within a period of two months from today. The amount of 50% so deposited in compliance of the order of the date shall be reimbursed in favour of the claimant, as per terms and conditions observed by learned Tribunal.
Issues for consideration
2 issues framed by the court
Whether an interim stay can be granted on the award dated 16.9.2024 upon deposit of 50% of the awarded amount.
Whether the claimant-respondent's representation and notice to opposite party no. 7 are regulated for proceedings.
Parties & counsel
- appellant
Sunny And Another
- respondent
Smt. Savita Devi And 6 Others
Coram
Dinesh Pathak
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- FAFO/48/2025
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