VIJAY SHARMA Vs. DIVINE ENTERTAINMENT LTD

JUDGEMENT

(1.) THIS contempt petition under section 12 of Contempt of Court Act has been made by the decree-holder (for short 'DH') against Judgment-debtor (for short 'JD') because of undertaking given by the JD in the Court.

(2.) JD had suffered an award for a sum of Rs. 27,30,792.46 with interest thereon @ 15% with effect from 20.1.2003. Since this amount was not paid by JD, in the execution petition of DH, this Court issued an order of attachment of payment which JD was to receive from Star TV Network Pvt. Ltd., Andheri East, Kurla Road, Mumbai. After this attachment order JD approached DH for compromise and matter was settled between the parties for a sum of Rs. 21 lakhs. DH was paid Rs. 3 lakhs by JD and remaining amount of Rs. 18 lakhs was agreed to be paid by JD in the following manner:-

(3.) AFTER the undertaking was given by JD, this Court recalled the attachment orders, cautioned the JD that in case of breach of undertaking he would be liable for incarceration apart from any order that may passed. Liberty was given to the DH to approach the Court in the event of dishonour of the cheque. Another post dated cheque of the JD got dishonoured and DH had approached this Court for contempt and revival of the decretal proceedings.