Contempt proceeding can not be initiated in case consent decree is not complied
A compromise, as is well known, is an agreement between the parties with theseal of the Court super-added to it. A consent decree, therefore, is not a decree in its true sense. It would not even attract the principles of res judicata. See Baldevdas Shivlal and Anr. v. Filimistan Distributors (India) P.Ltd. & Prs.7), .
18. There exists a distinction between an undertaking given to a party to the lis and an undertaking given to a Court.
19. An undertaking given to a Court attracts the provisions of the Contempt of Courts Act, whereas an undertaking given to a party to the lis by way of an agreement of settlement or otherwise would not attract the provisions of the said Act.
. Having considered the matter, this Court is of the opinion that in the instant case no proceeding under the Contempt of Courts Act should be initiated. The undertaking given before this Court is qua the party to the lis and not qua the Court and in that view of the matter, no case for initiation of proceedings under the Contempt of Courts Act having been made out. The same view has been taken by two learned Judges of this Court in Urmila Salwan and Ors. v. Kasturi Lal Bhatia, 1999 IV AD (Delhi) 805 and Indian Overseas Bank's case (Supra)
Delhi High Court
Hindustan Motors Ltd. vs Amritpal Singh Nayar And Anr. on 31 May, 2002
Equivalent citations: 100 (2002) DLT 278, 2002 (64) DRJ 394
