IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2880 of 2010 State Bank of India, Gopalganj Branch, Gopalganj Versus M/S Gulab Cold Storage Pvt. Ltd. and others ----------- For the petitioner: Dr. Binay Kumar Singh and Mr. R S Vidyarthi. For the opposite parties: Mr. Mritunjay Pd Singh. ----- 05. 03.8.2011 The petitioner State Bank of India has been able to demonstrate before this Court that there is a kind of wilful default, if not breach of the undertaking given by the contemnor in the writ application, which is CWJC No.10628 of 2009. On a categorical undertaking given on an affidavit, the Court as a gesture of good-will granted indulgence and time to the petitioner of that case to make deposits with the State Bank of India in certain instalments as a gesture to show that he was serious about meeting the obligation. The contemnor who has filed show cause on behalf of the opposite parties is present in person. Certain explanations have been offered, which includes that he did expect certain developments to take place to generate the kind of money which was required to be paid as a second instalment. He has already paid first instalment and to that extent benefit of doubt ought to be given to him with regard to his commitment. The Court is not required to go into the assessment made by the contemnor as to how he would meet the undertaking given to the Court with regard to deposit of second instalment but obviously there is a misdemeanour committed 2 by the contemnor on this count. The Court could have punished the contemnor by either sentencing him to judicial custody and even imposing fine but taking his apology into consideration as also the fact that the contemnor now has a long legal battle ahead of him and State Bank of India is breathing down his neck for recovery of large outstanding dues, Court takes a compassionate view of the matter but with a clear warning to the contemnor that before making any statements or giving any undertaking before a court of law much less the High Court, he must be doubly careful in future or else Court may not be as charitable or indulgent as today. Contempt application is dismissed with above observation. rkp ( Ajay Kumar Tripathi, J.)