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2025 DAILYLAW 87836 (KAR)

THE ORIENTAL INSURANCE COMPANY LTD., v. SRI. NAGARAJ. B

WA/449/2024 · 2025-12-11

Anu Sivaraman, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52606-DB W.A. No.449/2024 C/W C.C.C. No.1134/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.449/2024 (S-RES) C/W CIVIL CONTEMPT PETITION NO.1134/2024 IN W.A. No.449/2024: BETWEEN: 1. THE ORIENTAL INSURANCE COMPANY LTD., REP. BY ITS MANAGING DIRECTOR CUM CHAIRMAN REGISTERED OFFICE AT ORIENTAL HOUSE P.B. NO.7037, R 25/27, ASAF ALI ROAD NEW DELHI - 110002. 2. THE CHIEF REGIONAL MANAGER ORIENTAL INSURANCE CO LTD REGIONAL OFFICE, 2ND FLOOR SUMANGALA COMPLEX, OPP HDMC LAMINGTON ROAD, HUBBALLI 580020. 3. THE SENIOR DIVISIONAL MANAGER DIVISIONAL OFFICE, BUDA COMPLEX 2ND FLOOR, NEAR HRG CIRCLE BALLARI - 583101 …APPELLANTS (BY SRI. RAVINDRANATH K, ADV.,) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:52606-DB W.A. No.449/2024 C/W C.C.C. No.1134/2024 AND: 1. SRI. NAGARAJ .B S/O LATE B. SRINIVASACHAR AGED ABOUT 65 YEARS RETIRED ASSISTANT ADMINISTRATIVE OFFICER ORIENTAL INSURANCE CO LTD R/AT NO.106, C/O. V.G. JOSHI ANANDA KUTEERA APARTMENTS GAYATHRI TAPOVANA, NEAR B K CIRCLE KOTHANUR DINNE MAIN ROAD JP NAGAR, 8TH PHASE, BANGALORE 560076. 2. THE UNION OF INDIA REP. BY ITS SECRETARY DEPARTMENT OF FINANCIAL SERVICES (INSURANCE DIVISION) MINISTRY OF FINANCE GOVT. OF INDIA, 3RD FLOOR JEEVAN DEEP BUILDING, SANSAD MARG NEW DELHI 110001. …RESPONDENTS (BY SRI. VIJAYA KUMAR, ADV., FOR R1 ASG FOR R2 SD) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 08/01/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.1035/2020 AND DISMISS THE WRIT PETITION FILED BY THE RESPONDENT NO.1, IN THE INTEREST OF JUSTICE AND EQUITY. IN C.C.C. NO.1134/2024: BETWEEN: 1. SRI. NAGARAJ .B S/O LATE B. SRINIVASACHAR AGED ABOUT 65 YEARS RETIRED ASSISTANT ADMINISTRATIVE OFFICER - 3 - HC-KAR NC: 2025:KHC:52606-DB W.A. No.449/2024 C/W C.C.C. No.1134/2024 ORIENTAL INSURANCE CO. LTD R/AT. NO.106, C/O V.G. JOSHI ANANDA KUTEERA APARTMENTS GAYATRI TAPOVANA, NEAR B.K CIRCLE KOTHANUR DINNE MAIN ROAD JP NAGAR, 8TH PHASE BANGALORE-76. ...COMPLAINANT (BY SRI. VIJAYA KUMAR, ADV., AND: 1. SANJAY JOSHI THE CHAIRMAN CUM MANAGING DIRECTOR THE ORIENTAL INSURANCE COMPANY LTD., HEAD OFFICE, PERSONNAL DEPT., CORPORATE OFFICE G+4, FLOORS, PLATE A OFFICE BLOCK IV NBCC OFFICE COMPLEX KIDWAI NAGAR EAST NEW DELHI-110023. [AMENDED V.C.O. DTD:09.09.2025]. 2. SMT. VRUNDA A. RAO THE DEPUTY GENERAL MANAGER ORIENTAL INSURANCE CO. LTD REGIONAL OFFICE, 2ND FLOOR LEO SHOPPING COMPLEX 44/45, RESIDENCY ROAD BANGALORE-560025. 3. SRI. M. RAMANJANEYALU THE SENIOR DIVISIONAL MANAGER DIVISIONAL OFFICE, BUDA COMPLEX 2ND FLOOR, NEAR HRG CIRCLE BALLARI-583101 - 4 - HC-KAR NC: 2025:KHC:52606-DB W.A. No.449/2024 C/W C.C.C. No.1134/2024 4. SHRI. NAGARAJU MADDIRALA SECRETARY DEPARTMENT OF FINANCIAL SERVICES (INSURANCE DIVISION) MINISTRY OF FINANCE GOVT., OF INDIA 3RD FLOOR, JEEVAN DEEP BUILDING SANSAD MARG, NEW DELHI-110001. ...ACCUSED (BY SRI. RAVINDRANATH K, ADV., FOR A2 & A3) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED/RESPONDENTS FOR HAVING COMMITTED CONTEMPT OF COURT IN NOT IMPLEMENTING THE DIRECTION ISSUED BY THIS HON'BLE COURT DATED 08.01.2024 IN WP NO.1035/2020 AS PER ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW AND FURTHER BE PLEASED TO AWARD COST OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL CONNECTED WITH C.C.C COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2025:KHC:52606-DB W.A. No.449/2024 C/W C.C.C. No.1134/2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard learned counsel for the appellants. 2. This writ appeal is filed challenging the order dated 08.01.2024 passed in W.P.No.1035/2020 by the learned Single Judge. 3. We notice that the direction issued to the appellants herein is only to reconsider the application tendered by respondent No.1 by taking cognizance of the relieving letter issued by the appellants as Annexure-H and also Rule 16 and Rule 18 of 1995 scheme. 4. Though the learned counsel for the appellants has raised several contentions in this writ appeal, we notice that the reason stated in Annexure-M for rejection of the claim of respondent No.1 is only that he has not completed 20 years of qualifying service. 5. Having considered the contentions advanced and in the light of the specific provisions of clauses 16, 18 - 6 - HC-KAR NC: 2025:KHC:52606-DB W.A. No.449/2024 C/W C.C.C. No.1134/2024 and 19 of the General Insurance (Employees') Pensions Scheme, 1995, we are of the opinion that in the facts of the stage there is absolutely no ground for interfering with the order of the learned Single Judge. The appeal fails, hence, the same is accordingly dismissed. The appellants shall reconsider the application preferred by respondent No.1 as directed by the learned Single Judge within a period of 6 weeks from the date of receipt of the copy of this order. 6. Consequently, the contempt petition is dropped with liberty to file a fresh contempt petition in case the directions are not complied with. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK/List No.: 1 Sl No.: 7