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The Branch Manager, v. Tamilselvan

Madras HC11 Mar 2026CMP(MD)/926/2026

Case brief

AI extract

What is this about?

Keywords: Section 148 CPC; extension of time; deposit of award amount; conditional interim stay; 50% deposit; CMA(MD)No.175 of 2023; CMP(MD)No.1731 of 2023; M.C.O.P.No.1335 of 2013 Trichy; Reliance General Insurance Company Ltd.; Cholamandalam MS General Insurance Company Ltd.; compliance deadline 09.04.2026; steps for deceased 8th respondent.

What did the court decide?

Extension of time: interim stay continued subject to deposit of the entire award amount with interest and cost on or before 09.04.2026; fresh notice to the 7th respondent for correction of address (private notice permitted); matter posted to 09.04.2026 for reporting compliance. ¶26

The Branch Manager, Vs Tamilselvan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the time granted by this Court (order dated 21.02.2023 in CMP(MD)No.1731 of 2023 in CMA(MD)No.175 of 2023) for depositing 50% of the award amount should be extended under Section 148 C.P.C., notwithstanding the petitioner's default in making the deposit.

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Ratio / Principle

Extension of time granted: considering the facts and circumstances of the case, a fresh interim stay was ordered on condition that the petitioner/insurance company deposit the entire award amount with interest and cost on or before 09.04.2026 (in place of the earlier 50%-deposit condition of 21.02.2023).

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Key takeaways

Fresh notice to be issued to the 7th respondent to correct address, returnable by 09.04.2026; private notice is also permitted.ratio¶27
Matter posted to 09.04.2026 for reporting compliance.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), K. Murali Shankar, J., allowed C.M.P(MD) No.926 of 2026 (filed under Section 148 C.P.C.) by the Branch Manager, Reliance General Insurance Company Ltd., seeking extension of time to deposit 50% of the award amount pursuant to the conditional interim stay dated 21.02.2023 in C.M.P(MD)No.1731 of 2023 in C.M.A(MD) No.175 of 2023 (motor accident appeal arising from M.C.O.P.No.1335 of 2013, Motor Accident Claims Tribunal, Special District Judge, Trichy). With the default stated to be neither wilful nor wanton, the court ordered a fresh interim stay conditional on deposit of the entire award amount with interest and cost on or before 09.04.2026, directed fresh notice to the 7th respondent for correction of address (private notice permitted), and posted the matter to 09.04.2026 for reporting compliance.

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CMP(MD) No.926 of 2026 in CMA (MD) No.175 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE K.MURALI SHANKAR

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C.M.P(MD) No.926 of 2026 in C.M.P(MD)No.1731 of 2023 in C.M.A(MD) No.175 of 2023

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The Branch Manager, Reliance General Insurance Company Ltd., III Floor, No.23, Spur Tank Road, Chetpat, Chennai 600 031.

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: Petitioner

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1.Tamilselvan 2.Minor. Vanitha 3.Minor. Radhika 4.Minor.Vijayasanthi 5.Minor.Menaka 6.Minor.Suriya Velan 7.Ramalinga Jothi 8.A.Martin Johnson 9.The Branch Manager, M/s.Cholamandalam MS General Insurance Company Ltd., Having Registered Office at Dare House, II Floor, N.S.C.Bose Road, Chennai 600 001. : Respondents

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https://www.mhc.tn.gov.in/judis

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CMP(MD) No.926 of 2026 in CMA (MD) No.175 of 2023

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For Petitioner : Mr.K.Gokul,

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For Respondents : Mr.N.Sudhagar Nagaraj, for R1. : Ms.K.R.Shivashankari, for R9.

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This Civil Miscellaneous Petition filed under Section 148 of C.P.C., to extend the time granted by this Court for depositing 50% of the award amount in CMP(MD)No.1731 of 2023 in CMA(MD)No.175 of 2023, dated 21.02.2023.

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ORDER

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The above petition has been filed seeking extension of time to comply with the order passed by this Court in CMP(MD)No.1731 of 2023 in CMA(MD)No.175 of 2023, dated 21.02.2023.

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It is not in dispute that this Court at the time of admission, granted interim stay on condition that the appellant/Insurance company shall deposit 50% of the award amount along with accrued interest and cost to the credit of M.C.O.P.No.1335 of 2013 on the file of the Motor Accident Claims Tribunal, Special District Judge, Trichy, within a period of eight weeks from the date of receipt of copy of that order, failing which, interim stay granted shall vacated automatically without further reference to this Court.

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3.The learned counsel for the petitioner would submit that, by oversight, the petitioner has not deposited 50% of the award amount as directed by this Court. The

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https://www.mhc.tn.gov.in/judis

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CMP(MD) No.926 of 2026 in CMA (MD) No.175 of 2023

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that the ame is neither willful nor wanton and that they are ready to deposit the amount as directed by this Court.

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4.It is pertinent to note that the interim order came to be passed on 21.02.2023.

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Considering the facts and circumstances of the case, there shall be an order of interim stay on condition that the petitioner/Insurance company shall deposit the entire award amount with interest and cost on or before 09.04.2026.

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