Wilful disobedience in contempt requires proof of knowledge of the order and deliberate breach; petition dismissed.

In contempt proceedings, the applicant must prove deliberate and wilful disobedience of the order alleged to have been breached, and knowledge of that order by the alleged contemnor is essential. The contempt power is summary in nature and the governing provision must be strictly construed before guilt can be found. On the material before it, the SC found no sufficient proof that the alleged contemnors knew of, or wilfully defied, the stay order, so the contempt petition was not made out and was dismissed.

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Issues: Whether the contempt petition was maintainable on the allegation of wilful violation of the stay order.

Analysis: In contempt proceedings, the burden lies on the applicant to establish deliberate and wilful disobedience of the order alleged to have been breached, and knowledge of that order by the alleged contemnor is essential. The proceeding is summary in nature and the relevant contempt provision must be strictly construed before a person can be held guilty. On the materials placed, the Court was not satisfied that the alleged contemnors had knowledge of, or had deliberately defied, the stay order.

Conclusion: The contempt petition was not made out and was dismissed.

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