1 conpet265-07 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.265 OF 2007 Mrs. Madhavi Neelkanth Gawankar ..Petitioner. V/s. Smt. Sunanda Madhukar Salvi & Anr. ..Respondents. Mr. N.N. Gawankar with Arfan Sait for petitioner. Mr. H.J. Dedhia, A.G.P. for respondent-State. CORAM : SMT. R.S. DALVI, J. DATED : 25TH AUGUST, 2011 P.C. :- 1. The petitioner has alleged breach of an undertaking given by the respondent No.1 to the Court on 4th May, 2007 to pay Rs. 1,80,000/- on or before 30/6/2007 or to vacate the room in occupation of respondent No.1 on 1/6/2007 and hand over vacant possession to the appellant. The respondent No.1 also undertook to pay Rs.54,600/- towards compensation from January, 2001 to 30th June, 2007. 2. It appears, therefore, that the respondent No.1 came to be in possession of the suit room from January, 2001. The respondent No.1 had filed criminal prosecution under Sections 341, 452 r/w. 34 of the Indian Penal Code inter alia against the petitioner. The petitioner came 2 conpet265-07 to be released on bail. Thereafter, application for quashing the criminal prosecution came to be filed by the petitioner being Criminal Application No.3959 of 2003 in which consent terms came to be filed on 29/4/2005. Under the consent terms, the respondent No.1 agreed to vacate the room by 1/12/2006. She thereafter applied for extension of time by filing Criminal Application No.873 of 2006. Consent terms again came to be filed between the parties. The respondent No.1 agreed to pay certain amount and to hand over the vacant possession on 1/7/2007. She filed separate undertaking to that effect. She, having breached this undertaking, this Contempt Petition has been filed. She is a retired B.M.C. sweeper. She has continued to be in possession despite her own undertaking. She has also been served show cause notice by this Court, initially on 16/8/2007. She was again issued notice on 15/11/2007. Once again notice has been issued on 25/10/2010. She has failed to appear. The breach on her part is seen. The order under Section 20 of the Contempt of Court is required to be passed. 2. The respondent No.1 shall be sent to Civil imprisonment for a term extending 3 months. 3. The contempt proceeding is disposed off accordingly. (SMT. R.S. DALVI, J)