D. N. Patel, J. - (1.) Having heard counsel for both sides and looking to the direction contained in Order dated 18th February, 2014 passed by this court in W.P. (C) No. 391 of 2010 and also looking to the Annexure A Series to the counter affidavit filed by the Opposite Party No.3 - Bank, it appears that during the enquiry conducted by the Bank, it was found that the pump sets supplied were defective. Out of 109 pump sets 45 were delivered without accessories and they are not in a running condition. Five persons have not received the pump sets. The letter at Annexure A series to the counter affidavit is dated 24th June, 2014. The contents of the letter has been controverted by this petitioner.
(2.) Be that as it may, the fact remains that there is a genuine dispute raised by the respondent Bank about the quality of the pump sets supplied by the petitioner. Most of them were not in working condition at all. As there is a dispute raised by the Opposite Party, there is no willful disobedience by the Opposite Party-Bank in retaining the payment of the petitioner for the pump sets.
(3.) It has been held by Hon'ble the Supreme Court in the case of Ram Kishan v. Tarun Bajaj & ors., 2014 16 SCC 204, especially at paragraph no.12 thereof, as under: "12. Thus, in order to punish a contemnor, it has to be established that disobedience of the order is "wilful'. The word "wilful" introduces a mental element and hence, requires looking into the mind of a person/contemnor by gauging his actions, which is an indication of one's state of mind. "Wilful" means knowingly intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom. It excludes casual, accidental, bona fide or unintentional acts or genuine inability. Wilful acts does not encompass involuntarily or negligent actions. The act has to be done with a "bad purpose or without justifiable excuse or stubbornly, obstinately or perversely". Wilful act is to be distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. It does not include any act done negligently or involuntarily. The deliberate conduct of a person means that he knows what he is doing and intends to do the same. Therefore, there has to be a calculated action with evil motive on his part. Even if there is a disobedience of an order, but such disobedience is the result of some compelling circumstances under which it was not possible for the contemnor to comply with the order, the contemnor cannot be punished. "Committal or sequestration will not be ordered unless contempt involves a degree of default or misconduct.";