(1.) PRESENT contempt application has been moved for initiating contempt proceedings against opposite party for willfully and deliberately disobeying the order of this Court dated 12. 12. 2008 passed in writ petition No. 64326 of 2008, Ajay Veer Singh Tyagi and another vs. Bank of Baroda and another and further for awarding exemplary punishment.
(2.) EARLIER petitioner had filed writ petition No. 64326 of 2008, Ajay Veer Singh Tyagi and another vs. Bank of Baroda and another, wherein this Court had passed following order: "heard Sri Mahesh Sharma, learned Counsel appearing for the petitioner and Sri K. K. Singh, learned Counsel appearing for the respondents. Petitioner states that he is prepared to repay the loan dues provided he is extended facility to deposit the same in instalments. Respondents, represented by their counsel, have no objection to the above.
(3.) IN view of the above subject to undertaking given by the learned Counsel appearing for the petitioner for withdrawal of the restoration application which was filed for restoration of the earlier writ petition dismissed in default on 01. 12. 2008, we direct that the respondents, their agents, servants, employees, officers etc. shall not proceed to recover the loan amount in question or proceed with attachment/auction sale etc. (subject matter of this writ petition) provided the petitioners make deposits as follows: