9911796707
TMI Blog1995 (9) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to take necessary action against the respondents, as they have not honoured the promise and undertaking given by them in Company Petition No. 152 of 1985. The promise is as per the consent terms. The undertaking is given by one J.P. Patel and P.J. Patel to the effect that in case the company fails to pay the amount agreed as per the consent terms, they agree to make them personally liable to pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in terms of the consent terms and undertaking. Section 634 of the Companies Act, 1956, provides for enforcement of orders of the courts, which reads as under: "Any order made by a court under this Act may be enforced in the same manner as a decree made by the court in a suit pending therein." So, the consent terms and undertaking could have been enforced by the petitioner, as if it is a de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the provisions of the Civil Procedure Code, vide Order 21. In view of this Act, when the petitioner could have executed the order passed by the company court, contempt proceedings, being not a substitute much less not intended to be a substitute, this petition cannot be entertained. Any wilful breach of an undertaking given to a court is a civil contempt as per the definition of "civil cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, there is no question of breach of undertaking, much less wilful breach thereof. If one reads the undertaking, it is suggestive that the consent terms, if can be executed, can be executed against them. This apart, in case of failure to implement the consent terms, the right of the petitioner is not lost. The petitioner is given liberty to revive the petition. Thus, in the instant case, the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
