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2026 DAILYLAW 6059 (ALL)

SMT. SUNITA DEVI v. SARBOJIT BANERJI DEPUTY MANAGER INCHARGE, THE ORIENTAL INSURANCE COMPANY LTD.

CAPL/3218/2026 · 2026-09-07

Vikas Budhwar

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 3218 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. This Court on 12.08.2026, proceeded to pass the following orders:- "1. The present contempt application has been preferred alleging willful defiance of the order dated 16.10.2025 passed in Writ-C No.34021 of 2025, order whereof is quoted hereunder:- "Sri Sanjeev Kumar Saxena, learned Advocate has put in appearance on behalf of the respondent No.- 4 by filing vakalatnama, which is taken on record. It is argued on behalf of petitioner that the matter on the point of delay in moving application for compensation is pending consideration before the Supreme Court in SLP No.7647 of 2021 wherein, the Court had stayed the order of the High Court directing for treating applications for claim of compensation filed within three years to be within limitation. Matter requires consideration. Let counter affidavit be filed by Sri Sanjeev Kumar Saxena, learned counsel for respondent no.4 within four weeks' time. The petitioner shall have two weeks' time thereafter to file rejoinder affidavit. State may also file response within three weeks. List on 25th November, 2025 before the Registrar. The Registrar shall ensure that pleadings are exchanged within next one month's time and soon after exchange of pleadings, matter be placed before the Court on a particular date by the Registrar. In the meanwhile, it is hereby directed that the Insurance Company shall deposit the entire amount of the claim compensation with the District Magistrate, Ballia within six weeks' time and the concerned District Magistrate shall accept the amount. It is further provided that soon after deposit is made, 50% of amount shall be released in favour of the respondent No.- 4 whereas remaining 50% shall be kept in maximum interest bearing scheme of a nationalized bank to abide by result of this petition. " 2. The said order is stated to have been corrected only on 21.11.2025, which reads as follows:- "In Re: Correction application Heard. The words "Ballia" occurring in third line of second last paragraph of the order dated 16.10.2025 is corrected as "Kanpur" Versus Counsel for Applicant(s) : Sanjeev Kumar Saxena Counsel for Opposite Party(s) : Pawan Kumar Singh Smt. Sunita Devi .....Applicant(s) Sarbojit Banerji Deputy Manager Incharge, The Oriental Insurance Company Ltd. .....Opposite Party(s) Dehat" and same may be read as such. Since correction is allowed, time prayed for in original order for depositing amount is further extended for two weeks. The application stands disposed of. " 3. Today, Sri Pawan Kumar Singh, learned counsel appearing for the respondent has filed his Vakalatnama and he has also produced the copy of Special Leave Petition (Civil) Diary No(s).9594 of 2026 in which on 20.07.2026, following orders were passed:- "1. Delay in filing as well as in refiling is condoned. 2. Heard learned counsel for the petitioner. 3. We see no reason to interfere with the impugned judgment and order passed by the High Court. 4. The Special Leave Petitions are, accordingly, dismissed. 5. Pending application(s), if any, shall stand disposed of." 4. Sri Pawan Kumar Singh submits that payments will be made within a period of fifteen days from today. 5. Put up this case on 08.09.2026, as fresh by which time, order of the Writ-Court be complied with. 6. When the matter is next listed, the name of Shri Pawan Kumar Singh (A/P0918/2014) shall be shown from the opposite party side. 7. Documents produced today are taken on record and marked as Appendix 'A' and 'B'." 2. Today, a compilation of two pages has been produced by the counsel for the opposite party, showing the fact that on 07.09.2026, Rs.5,00,000/- has been deposited. 3. In view of the same, contempt application is consigned to record, since there has been substantial compliance. 4. Let a copy of the instructions be served upon the counsel for the applicant. 5. Instructions filed today are taken on record and marked as Appendix 'C'. September 8, 2026 N.S.Rathour CAPL No. 3218 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad