M/S. Haryana Punjab Roadways v. The Oriental Insurance Co.Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR C.M.P.No.3136 of 2024 Appeal (CAD) No.4 of 2024 M/s.Haryana Punjab Roadways No.10/86/A7, Avinashi Road Arasur Pirivu, Arasu Post Coimbatore - 641 407 ... Petitioner/Appellant vs.

1. The Oriental Insurance Company Ltd., Rep. by its Senior Divisional Manager No.4, R V R Building, II Floor Head Quarter Road Coimbatore

2. M/s. S & T Engineers Pvt. Ltd., Rep. by its Power Agent The Oriental Insurance Company Ltd., At No.22, Vasantha Nagar, Trichy Road Singanallur, Coimbatore Rep. by its Senior Divisional Manager ... Respondents Civil Miscellaneous Petition filed under Section 151 of the Code of Civil Procedure, 1908 to grant stay of the operation of the judgment and Page Nos.1/4

decree dated 13.10.2023 made in COS No.7 of 2023. For Petitioner :

Ms.Abitha Banu

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] was listed on 22.02.2024, the following order was made by another Hon'ble Division Bench:

'C.M.P.No.3136 of 2024 Appeal(CAD).No.4 of 2024 R.SUBRAMANIAN, J.

R.SAKTHIVEL, J.

Since the decree under challenge is one for payment of money that too, in a commercial suit, there will be an order of stay of execution of the decree, on condition, the petitioner deposits a sum of Rs.30,00,000/- within a period of eight weeks from the date of receipt of a copy of this order. Failing which, the stay will stand automatically vacated.

2.Notice to the respondents returnable by 21.03.2024. Private notice is also permitted.

(R.S.M., J.) (R.S.V., J.) 22.02.2024'

Page Nos.2/4

2. Ms.Abitha Banu, learned counsel for petitioner/appellant very fairly submits that the condition qua afore-referred interim order has not been complied.

3. In the light of the stated position of the learned counsel for petitioner/appellant, captioned CMP stands dismissed. (M.S.,J.) (H.C.,J.) 18.08.2025 (1/2) gpa Page Nos.3/4

M.SUNDAR, J., HEMANT CHANDANGOUDAR, J., gpa C.M.P.No.3136 of 2024 Appeal (CAD) No.4 of 2024 18.08.2025 (1/2) Page Nos.4/4