Allahabad High Court

SMT. SUNITA DEVIversusSARBOJIT BANERJI DEPUTY MANAGER INCHARGE, THE ORIENTAL INSURANCE COMPANY LTD.

Decided: 7 September 2026
Bench: VIKAS BUDHWAR

Holding

The court held that substantial compliance with the original order was achieved, and therefore the contempt application was dismissed.

Summary

Sunita Devi filed a contempt application alleging that the Oriental Insurance Company, represented by respondent Sarbojit Banerji, willfully defied the High Court order dated 16‑10‑2025 in Writ‑C No.34021/2025, which required the company to deposit the full compensation amount with the District Magistrate and release it in two halves. The order was later corrected on 21‑11‑2025, changing the place of deposit from Ballia to Kanpur Dehat and extending the time limit by two weeks. The respondent’s counsel produced a Supreme Court SLP (Civil) Diary No.9594/2026 showing that the Supreme Court had dismissed the SLPs and condoned any delay. On 07‑09‑2026 the respondent deposited Rs.5,00,000 as required, and submitted evidence of this payment. The High Court, noting the substantial compliance, consigned the contempt application to the record, effectively dismissing it.

Issues considered

Whether the respondent’s failure to deposit the compensation amount as ordered amounted to contempt of court.
Whether the correction and extension of the original order affect the existence of contempt.
Whether the deposit of Rs.5,00,000 constitutes substantial compliance sufficient to defeat the contempt claim.

Subjects

contempt of court
compliance with court order
insurance claim
order correction
Supreme Court SLP
deposit of compensation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3218 of 2026

Smt. Sunita Devi
.....Applicant(s)
Versus

Sarbojit Banerji Deputy Manager Incharge, The
Oriental Insurance Company Ltd. .....Opposite
Party(s)

Counsel for Applicant(s) : Sanjeev Kumar Saxena
Counsel for Opposite Party(s) : Pawan Kumar Singh

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"
CAPL No. 3218 of 2026
2

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

(Vikas Budhwar,J.)

Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…