Kalyan Jyoti Sengupta, J.: The petitioner decree-holder in this case has brought this application for committing the respondents for trial for contempt of court on the allegation of breach of undertaking given by them. When the application was moved affidavits were invited without issuing any Rule as prayed for, to decide the preliminary issue as to whether undertaking given by the respondents in this matter tantamount to breach of undertaking so as to warrant drawing up of contempt proceedings or not.

2. This has come for hearing after affidavits are filed. Before dilating the respondents' contentions it would be appropriate to reproduce the text of the undertaking on which this contempt proceeding is founded.

3. The undertaking contained in the Terms of Settlement in clause (2) of the compromise and agreement of the parties.

The judgment debtors agree and undertake before this Hon'ble Court to pay to the decree holder a total sum of Rs.4,75,000/-(Rs.4,00,000/-as remaining interest payable under the Decree dated September 21, 1992 and Rs.75,000/- as processing fee of the plaintiff) as per the following

Schedule:-

i) On or before 15.12.98 Rs. 1,00,000/-

ii) On or before 15.01.99