Disobedience Has To Be Wilful To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC: Supreme Court In Future-Amazon Case

Case: Future Retail Ltd v Amazon.com Investment Holdings & Ors, Future Coupons Pvt Ltd & Ors vs Amazon.com Investment Holdings & Ors.

Corum: Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli

Case No.: Civil Appeal Nos. 859­860 Of 2022

Court Observation: “…contempt of a civil nature can be made out under Order XXXIX Rule 2­A CPC not when there has been mere “disobedience”, but only when there has been “wilful disobedience”. The allegation of wilful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere “disobedience” but “wilful” and “conscious”. This Court in the case of Ram Kishan v. Tarun Bajaj, (2014) 16 SCC 204, considering the implication of exercise of contempt jurisdiction, held that the power must be exercised with caution rather than on mere probabilities”

“It is expected of Courts to be cautious while making observations on the merits of the case, which would inevitably influence the Arbitral Tribunals hearing the matters on merit.”

Previous Posts

Conviction Can be Solely Based Upon Dying Declaration Without Corroboration: Supreme Court

Proving Case Beyond Reasonable Doubt Does Not Mean To Nitpick To Find Excuse To Obtain Acquittal: Supreme Court

High Courts Should Show Judicial Restraint In Interfering With Tender Process Of Foreign Funded Mega Projects: Supreme Court

Section 69(2) Partnership Act Does Not Bar Suit Filed By An Unregistered Firm If Contract In Question Was Not In The Course Of Its Business Dealings: Supreme Court

Civil Court Jurisdiction Excluded From Landlord-Tenant Disputes Covered Specifically By State Rent Acts: Supreme Court Download Judgement

Keywords

Contempt Action, Order XXXIX Rule 2A, Future-Amazon Case