V.K. Shali, J. (Oral):

1. This is a contempt petition filed by the petitioner against the respondent on account of the alleged wilful disobedience of the purported undertaking given to the court pursuant to which a compromise decree in terms of the settlement arrived at before the mediation centre between the parties was passed on 23.3.2009.

2. I have heard Mr. Nigam, the learned counsel for the petitioner as well as Mr. Manoj Arora on behalf of the respondent and have also gone through the judgments relied upon by Mr. Nigam in respect of his contention.

3. The case of the petitioner is that he had filed a suit being C.S. (OS) No.661/2007 for specific performance of an agreement dated 16.8.1998, for rendition of accounts and mandatory injunction against the respondent. During the pendency of the said suit, the parties arrived at a settlement before the mediator, a copy of which is Ex. CW 1/1, and pursuant to the said settlement, a joint application was filed by all the parties under Order 23 Rule 3 CPC for disposal of the suit in terms of the settlement. This application was accepted and an order was passed disposing of the suit in terms of the settlement on 23.3.2009.

4.