1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 11 OF 2010 IN NOTICE OF MOTION NO. 1451 OF 2009 IN SUIT NO. 2575 OF 2007 Sushil M. Krishnani & Anr. .. Petitioners V/s Jay Bhavin Trading Co. Pvt. Ltd. & Ors. .. Respondents Mr. Robin Ramsinghani i/b Thakordas & Madgaokar for the petitioners. Mr. Bhalwal i/b Vyas & Bhalwal for the respondents. CORAM : D.G. KARNIK, J. DATE : 19th APRIL 2010 P.C. : 1. Heard. 2. This contempt petition has been filed alleging that the plaintiffs have committed breach of an undertaking given by them which have been recorded in paragraphs 32, 43 and 44 of the order of the Court dated 16th October 2009 passed in Notice of Motion No.3421 of 2007. 2 3. I have perused the undertaking recorded in the order. They are in respect of payment of money. However, no time limit was specified for payment of money. Undertaking was given by the plaintiffs to pay irrespective of the result of the suit. That does not mean that the undertaking was given to pay the money forthwith. As no time has been specified and/or agreed upon by the plaintiffs to make the payment, it cannot be said that they have committed breach of an undertaking by not paying/depositing the money forthwith. Hence, in my view, the contempt petition is misconceived and is accordingly dismissed summarily. (D.G. KARNIK, J.)