A GUMPRAASAD SOLE PROPRIETOR FIRST COMPUTERS MADRAS Vs. FIRST COMPUTERS FORMERLY KNOWN AS Ï¿½BRILLIANT COMPUTER CENTRE

JUDGEMENT

(1.) THESE three applications arise out of a proceedings, in which we passed an order on 10.4.1995 in O.S.A. No. 74 of 1995, which, in turn, was an appeal against an interlocutory order made during the pendency of a suit pending on the original side of this Court.

(2.) IT is not necessary for us to set out in detail the history of the case. Suffice it to point out that Application No. 166 of 1996 is one for punishing the respondent for wilful and deliberate disobedience of the order of this Court in O.S.A. No. 74 of 1995. The content of the charge is that the direction given by us to the respondent in our judgment dated 10.4.1995 reported in 1995-2-L.W. 486 to make it clear by appropriate words whenever it makes use of the words "First Computers" for the purpose of its coaching classes in all the advertisement, pamphlets, etc. that it has nothing to do with the business conducted by the applicant herein.

(3.) THUS to make out a case of civil contempt, it is necessary to prove that the disobedience on the part of the respondent is deliberate and without any excuse. In this case, after going through the explanation given by the respondent, we are of the opinion that the disobedience on the part of the of the respondent is not wilful. No doubt, the respondent is highly educated and is expected to know what exactly is being done and what exactly was meant by the order of this Court. But, that by itself would not make the act of the respondent "wilful".