Manipal group trademark infringement case: Karnataka High Court issues guidelines on imprisonment in civil cases.
The Karnataka High Court recently issued illustrative guidelines on when courts may pass orders for imprisonment in civil cases (civil imprisonment) where there is willful disobedience of civil court orders [T Sudhakar Pai and ors. v. M/s Manipal Academy of Higher Education and ors.].
In the judgment passed last week, the bench of Justices Alok Radhe and Anant Ramanth Hegde observed that under Order XXXIX, Rule 2A of the Code of Civil Procedure (CPC), civil courts have the discretion to attach a defendant’s property or order civil imprisonment or order both simultaneously when there is willful disobedience of court orders.
The High Court also clarified it is not necessary for a civil court to order attachment and sale of property before ordering civil imprisonment.
