The judgment emphasized the need for a clear case of wilful disobedience to the Court's order before exercising the jurisdiction to punish for contempt.

JUDGMENT

Arijit Banerjee, J. - This contempt application has been filed alleging wilful violation of the order dated December 21, 2020, passed by a Coordinate Bench in A.P.O No. 29 of 2020, C.S No. 174 of 2019. G.A. No. 1 of 2020 (Md. Sarfaraz Alam v. Md. Mofazzular Rahman & Ors.).

2. A brief factual background in which the order dated December 21, 2020, was passed may be helpful.

3. The petitioner and the alleged Contemnor Nos. 1 to 6 are all related to each other and are members of a larger family. They carried on business in co-partnership under the name and style of M/S. Serajuddin & Co. The business is of mining related activities. The alleged Contemnor No. 7 is the Chief Accountant of the partnership firm.

4. Disputes arose between the petitioners and the other partners of the firm. The alleged Contemnor Nos. 1 to 6 filed a suit being C.S. No. 174 of 2019 against the petitioner herein, claiming inter alia, a declaration that the petitioner herein stands removed as partner of the said firm. In the said suit the petitioner herein has filed a counter claim praying for various reliefs including a declaration that the partnership firm stands dissolved pursuant to a notice of dissolution dated July 13, 2019, issued by him. In connection with such counter claim, the petitioner herein moved an interlocutory application in the suit praying for, inter alia, appointment of Receiver over and in respect of the business and assets of the said firm. The prayer for Receiver was not granted. Being aggrieved by such refusal, the petitioner herein preferred an appeal being A.P.O No. 29 of 2020, wherein the order dated December 21, 2020 came to be passed. The order reads as follows:

'The Court: An appeal is made on behalf of Md. Sarfaraz Alam for some money to be released for his immediate treatment for which Mr. Alam needs to travel to Singapore and incur considerable expenses.

The respondent nos. 2 and 3 have agreed to immediately release a sum of Rs. 50 lakh in favour of Mr. Alam to facilitate his travel to Singapore for treatment. The respondent nos. 2 and 3 have also agreed that in addition to the same being released immediately which will meet the expenses for travel and the like, money will be directly paid to the hospital upon the hospital raising bills and without any delay. However, the respondent nos. 2 and 3 say that the bills must be only pertaining to the treatment of Mr. Alam, his stay in hospital and elsewhere in Singapore and the incidental expenses pertaining to his wife who will accompany him. The respondent nos. 2 and 3 have also agreed that Mr. Alam's travel by air-ambulance to Singapore and expenses in such regard would be borne from out of the common funds.

It is hoped that in view of this gesture, the parties see reason and upon Mr. Alam's treatment in Singapore being successful, the parties would try to resolve the issues before the matter appears next on the second Monday of February, 2021.

It is made clear that the payment to be released immediately and for the medical expenses of Mr. Alam will be completely without prejudice to the rights and contentions of the parties and will create no equity in favour of Mr. Alam. It is also agreed that upon final accounts being done, the expenses incurred for Mr. Alam's treatment will be debited from the entitlement, if any, of Mr. Alam.

The payment to be made to Mr. Alam for the purpose of his medical treatment will be treated as an interest-free loan till the accounts are finalised.'

5. The acts of contempt alleged by the petitioner are as follows:-

'(i) In spite of the Contemnor Nos. 1 to 6 warding off an order by agreeing to release a sum of Rs. 50 lakhs in favour of the petitioner to facilitate his travel to Singapore for treatment, the contemnors have thereafter resiled, whereupon, this sum had to be deposited with the Registrar of this Hon'ble Court;

(ii) In spite of the Contemnor Nos. 1 to 6 agreeing that in addition to Rs. 50 lakhs being released immediately, money will be paid