G.P. MITTAL, J

1. This Petition under section 12 of the Contempt of Courts Act, 1971 (the Act) has been filed by the Petitioner Matrix Cellular Services Private Limited (MCS) against the five Respondents, namely, Sanjoy Mukerji, Director, Vodafone Essar Limited; Mr. Rajiv Kohli, CEO (Delhi Circle), Vodafone Essar Mobile Services Ltd.; Mr. Marten Pieters, Managing Director & CEO, Vodafone Essar Ltd.; Shaina Subramanium, General Manager, Vodafone Essar Ltd. and Ms. Monika Pathak, Deputy General Manager, Vodafone Essar Mobile Services Ltd. for punishing them for Contempt of Court for wilful disobedience of the orders of this Court dated 20.10.2011 and 24.10.2011 passed by the learned Single Judge in OMP No.748/2011.

2. Before adverting to the allegations with regard to the alleged violation, it would be necessary to give the background leading to the filing of OMP No.784/2011 preferred by the Petitioner wherein the orders dated 20.10.2011 and 24.10.2011 were passed.

3. As per the Agreement dated 10.07.2003 entered between MCS with Hutchison Essar Telecom Limited (HETL), the predecessor of Vodafone Essar Mobile Services Ltd. (VEMSL), the Petitioner (MCS) is engaged in the business of identifying specialized clients and provides support services and assistance to such specialized clients for and on behalf of Telecommunication Services Providers. The Agreement dated 10.07.2003 was entered into between HETL and MCS, whereby MCS offer its services to develop post paid subscription for specialized client base for Cellular Mobile Telecommunication Services of HETL. HETL accepting MCS’s offer appointed MCS to act as its specialized Customer Management Unit for the Consolidated Post Paid Subscribers (CPPS) in the territory of the National Capital Region. Some of the Clauses which are relevant for the decision of the Contempt Petition are extracted hereunder:-

“1. DEFINITION

(a) Consolidated Post Paid Subscribers: For the purpose of this Agreement the term Consolidated Post Paid Subscribers shall mean:

(i) The existing specialized clients of MCS who are availing the services of HETL and being acquired by HETL as its subscribers through MCS and

(ii) The clients developed by MCS in future and acquired by HETL as HETL’s subscribers through MCS pursuant to this Agreement.

2. SCOPE OF SERVICES

(a) HETL being competent hereby authorizes MCS to act on a non-exclusive basis, as its specialized Customer Management Unit (CMU) for the Consolidated Post Paid Subscribers, in the territory of National Capital Region. MCS shall provide the following services to HETL, for consideration and as per the terms and condition mutually agreed between the parties.

(i) To acquire for and on behalf of HETL new Post-paid subscribers on such terms and conditions and tariff plans as approved by HETL.

(ii) To provide specialized support services and assistance, as mentioned hereunder to Consolidated Post Paid Subscribers. The specialized support services shall among various other things include the following:

(a) To HETL: subscriber verification, credit and risk cover and control, etc.

(b) To consolidated Post Paid Subscribers: host of customer relationship management services, including collection, call centre support etc.

4. OBLIGATIONS OF MCS

(a) MCS is allowed hereunder to acquire only Post paid subscribers for HETL and to provide services and assistance to Consolidated Post Paid Subscribers on behalf of HETL. MCS shall not provide any service in respect of Pre-Paid business of HETL.

(b) For acquiring new Post paid Subscribers, MCS shall cause the new post paid subscribers to duly fill & signa Customer Application Form, as provided by HETL, HETL’s Customer Application form would state that MCS is a specialized customer management unit of HETL. A copy of the HETL’s Customer Application Form (marked as Annexure 2) is annexed to and forms part of this Agreement. MCS shall also obtain the subscriber’s photograph and other identification proof in accordance with