ORDER :

Abhay Shreeniwas Oka, J.

1. Heard the learned counsel appearing for the complainants, the learned counsel appearing for the accused as well as the accused who are personally present through video conferencing.

2. The complainants are the plaintiffs in a suit filed in the City Civil Court at Bengaluru and the accused is the defendant. The suit is filed by the complainants for seeking a decree of eviction against the accused and for recovery of a sum of Rs. 3,39,900/- towards the arrears of rent along with the interest at the rate of 18% per annum from the date of the suit. It is pleaded in the suit filed by the complainants that they are the owners of the schedule premises consisting of a residential house comprising of 2 halls, 1 dining room, 4 bedrooms with attached bathrooms, 1 study room, 1 common bath-cum-toilet, 1 kitchen, 1 prayer room, 1 store room, 1 utility area, 1 balcony, 1 garage, 1 servants' quarters, 1 sump and 2 overhead tanks, measuring around 3200 sq. feet situated at 12th Cross, II Phase, J.P. Nagar, Bengaluru. The schedule premises was let out by the complainants to the accused on 1st July 2009 for a monthly rent of Rs. 27,000/-. The averments made in the plaint are that the accused was in arrears of rent to the extent of Rs. 3,39,900/- as on 1st October 2016 which is the date of filing of the suit. An application, being I.A. No. 3 was in the suit filed by the complainants seeking a direction against the accused to deposit the admitted monthly rent of Rs. 27,000/- from January 2017 and to continue payment of the same. The learned Trial Judge by his order dated 20th September 2019 directed the accused to deposit the rent from January 2017 in the Court. It is this order which was subjected to a challenge by the accused by filing Writ Petition No. 6342 of 2020. The said petition came up before this Court on 18th November 2020 and was disposed of. The said order reads thus:

"The matter having been argued vociferously at length, now both the sides are fairly in agreement with the suggestion of this Court that the impugned order not being fault some, should be sustained and that the amount payable thereunder should be paid by the petitioner in three equalized installments as under:

2. The first installment shall be paid on or before 30.11.2020; the second installment shall be paid on or before 15.01.2021 and the last installment shall be paid on or before 15.03.2021; this apart, the rent accruing due in terms of the impugned order shall be continued to be paid on regular basis.

3. It is made clear that the above arrangement being made in terms of the undertaking of the petitioner, if breach is committed, the same not only results into his immediate expulsion from the suit premises but attracts contempt proceedings at the hands of this Court; the breach will also result in petitioner's defence being struck off and a decree as prayed for in the plaint shall being entered forthwith.

However, if compliance is done, the rights of the parties would be adjudicated by the Court below by expeditious trail & disposal off the subject suit.

Writ petition is disposed off, keeping open all other contentions.

Now, no costs."

(underline supplied)

3. Thus, the accused has undertaken to pay the arrears of rent payable from January 2017 in 3 equal installments payable on 30th November 2020, 15th January 2021 and 15th March 2021 respectively and to continue to pay the rent accruing due in terms of the interim order on regular basis. The present contempt petition is filed alleging breach of the aforesaid order and the undertaking of the accused.

4. In paragraph 5 of the contempt petition, it is stated that after the order 20th September 2019 was passed by the Trial Court on I.A. No. 3, on 10th March 2020, the accused gave an undertaking to the Trial Court to make payment of 25% of the arrears. Thereafter, the aforesaid writ petition was filed on 19th March 2020. In the said writ petition, this Court directed the accused to deposit 50% o