Research › Search › Judgment

Patna High Court · body

2002 DIGILAW 1143 (PAT)

Janta Cold Storage v. State Of Bihar

2002-10-25

R.N.PRASAD, RAVI S.DHAVAN

body2002
Judgment 1. Mr. Avinish Kumar Pandey, Advocate, holding the brief of counsel for the appellants Mr. Jyoti Shankar Mishra, Advocate, and Mr. Alok Kumar Choudhary, counsel for the respondents 4 to 7 are present. 2. The only matter which has been brought up as an issue in the letters patent appeal is that given the occasion the petitioner - appellant would like to resile from the undertaking which was given before the learned Judge in CWJC No. 758 of 2001 : M/s. Janta Cold Storage and others vs. The State of Bihar and others. This aspect is recorded in the order of 23 January, 2001. 3. The matter relating to the undertaking is recorded in paragraphs 4, 5 & 6. These paragraphs are reproduced: "Learned counsel for the parties have made their submissions in support of their respective stand. Learned counsel for the petitioner has ultimately by his submission narrowed down the dispute to the position that the certificate debtor has submitted a written undertaking before the Recovery Officer that the auction sale may be deferred on the undertaking to pay the entire debt with uptodate interest on or before 15.5.2001. Learned counsel for the Bank has.no objection to the same provided the deponent of this writ petition submits an undertaking to this court to carry out his undertaking failing which he shall expose himself to direct action by this court. Having considered the submission, I accept the undertaking given on behalf of the petitioner. Accordingly, it is hereby directed that the Recovery Officer may not for the time being proceed with the auction sale, and the certificate debtor shall deposit the entire amount as per the instalments to be fixed by the Recovery Officer inclusive of up-to-date interest, all payable on or before 15.5.2001. Dhrubjee Prasad, the deponent of this writ petition and petitioner no.2, is hereby directed to submit the requisite undertaking before this court personally sworn by him by 30.1.2001. Put up on 1.2.2001 under the heading for orders. I must record my feeling of appreciation for the efforts made by the Recovery Officer in pursuing this matter consequent upon the orders of this court leading to recovery of the debts." 4. If the undertaking has not been honoured wherever it may have been given, this is a serious matter. The breach of an undertaking is contempt. 5. I must record my feeling of appreciation for the efforts made by the Recovery Officer in pursuing this matter consequent upon the orders of this court leading to recovery of the debts." 4. If the undertaking has not been honoured wherever it may have been given, this is a serious matter. The breach of an undertaking is contempt. 5. In the circumstances, the fact that the undertaking has not been honoured this matter shall stand remitted to the court of the Hon ble Judge where the undertaking was recorded. For such proceedings the Hon ble Court may consider. 6. This appeal is dismissed.