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Issues: Whether a contempt petition is maintainable for willful disobedience of orders embodying a consent decree, even when no express undertaking to the Court is shown.
Analysis: Section 2(b) of the Contempt of Courts Act, 1971 treats civil contempt as willful disobedience of any judgment, decree, direction, order, writ or other process of a Court, or willful breach of an undertaking given to the Court. The two limbs are distinct. A consent decree, once made an order of the Court, is not merely a private agreement but carries the Court's mandate and is capable of attracting contempt jurisdiction if its terms are willfully violated. The availability of execution proceedings does not oust contempt jurisdiction, although the Court may exercise discretion depending on the facts. Earlier decisions limiting contempt to breach of undertaking were confined to that category and did not control cases of disobedience of consent orders themselves.
Conclusion: The contempt petition was held to be maintainable, and the preliminary objection to maintainability was rejected.
Ratio Decidendi: Willful violation of a consent decree or consent order, being a Court order with the Court's imprimatur, can constitute civil contempt under Section 2(b) of the Contempt of Courts Act, 1971, even in the absence of an express undertaking to the Court.
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