1. Heard learned Counsel for the parties. This contempt petition alleges breach or disobedience of a consent order and an undertaking given to the court recorded and accepted in it.

2. The Plaintiff in this suit, who is the Petitioner in the contempt petition, is a retired senior citizen, who owns three commercial galas, namely, Gala Nos.915A, 916 and 917 in Sagar Tech Plaza, Andheri, Mumbai. In the present petition, we are concerned with Gala No.915A. Originally Respondent No.1 was the licensee of the Petitioner in respect of all three premises, under a registered leave and licence agreement dated 29 September 2006 (hereinafter referred to as “the first leave and licence agreement”). It is the Petitioner's case that Respondent No.1 defaulted in payment of licence fees, but continued to occupy the premises till expiry of the licence term under the first leave and licence agreement. In March 2009, Respondent No.1 vacated all three premises and handed over the keys to the Petitioner. It is the Petitioner's case that the Respondents, however, did not remove their furniture and fixtures and requested the Petitioner to allow these to be kept in the premises till a suitable offer from a third party to take over their business was received. It is the Petitioner's case that in July 2009, Respondent No.1 forcibly entered into the premises and illegally started occupying the same, raising various false and frivolous contentions in an effort to occupy the premises without payment of compensation to the Petitioner. It is the Petitioner's case that the Respondents finally handed over possession of the premises along with the keys of the premises to the Petitioner in lieu of the Petitioner's foregoing the arrears of compensation, and yet did not remove their movables from the premises and instead started creating nuisance. In the premises, the Petitioner filed the present suit, being Suit No.2503 of 2012, seeking a perpetual injunction against the Respondents, restraining them from interfering with or disturbing the Petitioner's possession of the three premises. During the pendency of the suit and the notice of motion taken out by the Petitioner therein for interim reliefs, the parties arrived at a compromise. The compromise was recorded by the court in the form of a consent order passed on 27 September 2012. Under this order, the Petitioner agreed to give all three galas to the Respondents on leave and licence basis for a period of three years from the date of the order against monthly compensation as provided in the order. The compensation was payable by on or before 27th day of each month. In the event of any default in payment, the licence was to stand terminated after a grace period of 10 days and in that case, the Respondents undertook to the court to forthwith hand over possession of the premises to the Petitioner. The undertaking was accepted by the court. The order also provided for renewal of leave and licence at the end of the term exclusively at the discretion of the Petitioner. The order also provided for a suitable agreement to be executed and registered by the respective advocates of the parties on or before 8 October 2012. Accordingly, the suit was disposed of along with the notice of motion.

3. It is an admitted position that after the disposal of the suit, the Respondents informed the Petitioner that they would not require all three premises and would like to execute a leave and licence agreement only in respect of Gala No.915A, i.e. the suit premises. It is also not in dispute that the Respondents handed over possession of the remaining two galas along with related parking spaces to the Petitioner. Whilst handing over such possession, the Respondents even confirmed that they had no claim or right of any nature in respect of the two galas surrendered to the Petitioner. A fresh leave and licence agreement was thereupon executed between the Petitioner and Respondent Nos.1 and 2 in respect of the suit premises for a p