Whether party becomes liable for contempt of court if he commits breach of undertaking given to court?
As pointed out by Oswald on Contempt of Court, an undertaking entered into or given to the Court by a party or his counsel or solicitor is equivalent to and has the effect of an order of the Court. So far as any infringement thereof may be made the subject of an application to the Court to punish for its breach. Therefore, when an undertaking is given by a party to the Court, it becomes an order of the Court and a particular mode is prescribed for enforcing that particular order. That mode is that proceedings for contempt can be taken out for the enforcement of that order. Therefore, if we find in this case that an undertaking was given by the party to the Court resulting in that undertaking becoming an order of the Court, then it would be open to the party aggrieved by the non-compliance with the order to come to Court and ask for committal of the party in default.
Bombay High Court
Bajranglal Gangadhar Khemka And ... vs Kapurchand Ltd. on 9 February, 1950
Equivalent citations: AIR 1950 Bom 336, (1950) 52 BOMLR 363, ILR 1951 Bom 125
Bench: Chagla, Gajendragadkar
https://www.lawweb.in/2016/06/whether-party-becomes-liable-for.html
