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2021 (6) TMI 708 - Tri - Companies LawSeeking initiation of contempt proceedings against the Respondents - violation of the status quo order to maintain status quo in regard to the share capital and alienation of the shares, assets, tangible as well as intangible - Sections 241 and 242 read with Section 166 of the Companies Act, 2013 - HELD THAT:- Before a contemnor is punished for non-compliance of direction of a Court, the Court must not only be satisfied about the disobedience, but should also be satisfied that such disobedience was wilful and intentional. In order to hold a person guilty of civil contempt, it has to be established by the person alleging contempt that the alleged contemnor was guilty of a wilful breach or a wilful disobedience of an order or a direction, decree etc. of any Court. The emphasis, therefore, has to be on the word ‘’wilful’’. The word “wilful‟ means an This Tribunal find force in the explanation offered by the Respondents that as per its bonafide understanding the decision to change the domain name and to collect ticket fees to the account owned by the Respondent No.1 Company herein, was done upon the unilateral termination of the Bipartite Agreement. Since the cancellation of the Agreement is still under dispute, the actions taken thereafter by the Respondents cannot be considered as a wilful disobedience of the status quo order of this Tribunal act or omission which is done voluntarily and with an intent to do something which is forbidden by law or failing to do something which the law requires to be done - There is no allegation in the Contempt Petition that the admitted asset was alienated by the Respondents. The status quo order passed by this Tribunal is still in operation and that all the contentions raised by the Petitioners will be considered while passing the final order in the Company Petition. This Tribunal is of the view that the petitioners failed to establish that there is any wilful disobedience of the orders passed by this Tribunal on 23.09.2020. In the absence of any wilful disobedience, this Court cannot grant the relief sought for by the petitioner - Contempt Petition is dismissed.
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