IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 1 OF 2005 CONTEMPT PETITION NO. 1 OF 2005 CONTEMPT PETITION NO. 1 OF 2005 WITH SHOW CAUSE NOTICE NO. 631 OF 2005 IN SUMMARY SUIT NO. 5111 OF 1999 The Bombay Dyeing & Manufacturing Co.Ltd. ... Petitioner/ Orig. Plaintiff. Versus Feroz S. Shaikh ... Respondent/ Orig. Defendant Mr. S.S.Shetty for the Petitioner. None for the Respondent. CORAM CORAM CORAM: S.K.SHAH,J. S.K.SHAH,J. S.K.SHAH,J. DATE DATE DATE : 7th April,2006. 7th April,2006. 7th April,2006. P.C. P.C. P.C. 1. This Contempt Petition is taken out alleging that there is contempt of the order passed by this Court on 10.7.2002. The parties had filed Consent Terms for Decre on Admission. These Consent Terms incorporated an undertaking to pay a sum of Rs.4,40,000/- within a period of 18 months by four instalments. There was also an undertaking that in case of default/s in payment/s, the Defendants shall pay interest @ 18% per annum on the balance outstanding till repayment. Accordingly, the decree was passed. 2. While admitting this Decree on Admission, this Court by order dated 10.7.2002, decreed the suit in terms of the Decree on Admission. The Terms do not contaion any undertaking to the Court nor the Court has accepted this undertaking. As such, no Contempt Petition would lie. In different view of the matter, if the Contempt Petition would lie, it is not necessary to entertain the same as the alternate remedy of getting the decree executed is available to the petitioners. . The Contempt Petition is, therefore, dismissed. 3. The Show Cause Notice No.631 OF 2005 stands discharged. --- (S.K.SHAH,J.) (S.K.SHAH,J.) (S.K.SHAH,J.)