The Supreme Court commented that the wilful breach of the undertaking given to the Court can amount to Contempt under Section 2(b) of the Contempt of Courts Act. An undertaking provided by a party should be viewed in the connection in which it was made and
(i) the gains that increased to the undertaking party; and
(ii) the damage/injury faced by the counterparty, the bench including Justices Indira Banerjee and V. Ramasubramanian mentioned.
The bench, though, showed its uncertainty about the comment made in an earlier decision that there is no distinction between a willful violation of the terms of a consent decree and a wilful breach of a decree passed on adjudication. In this case, the Delhi High Court had held a husband and wife liable for acting contempt of Court and punished them to simple imprisonment for three months along with a fine of Rs.2000. The proceeding was started by the Court in view of breach of an undertaking provided by them to the Court while taking conditional order of stay.