For finding a person guilty of willful disobedience of the order under XXXIX Rule 2A Code of Civil Procedure there has to be not mere "disobedience" but it should be a "willful disobedience". The allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere "disobedience" but a "willful disobedience". As pointed out earlier, during the second visit of the Commissioner to the Appellant's shop, tea cakes and masala cakes were being sold without any wrappers/labels. The only thing which the Commissioner has noted is that "non removal of the hoarding" displayed in front of the Appellant's shop for which the Appellant has offered an explanation which, in our considered view, is acceptable one.
8. In the facts and circumstances of the case, we do not find any "willful disobedience" on the part of the Appellant warranting invoking Order XXXIX Rule 2A of the Code of Civil Procedure and sentencing the Appellant to one week civil imprisonment.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5775 of 2019
Decided On: 22.07.2019
U.C. Surendranath Vs. Mambally's Bakery
Hon'ble Judges/Coram:
R. Banumathi and A.S. Bopanna, JJ.
Citation: AIR 2019 SC 3799
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