False undertaking and suppression of material facts constitute civil contempt when used to obstruct execution of a court order.

A false undertaking to a court, coupled with suppression of material facts and conduct calculated to obstruct execution of its order, amounts to civil contempt under Section 2(b) of the Contempt of Courts Act, 1971. The Court noted that the undertaking was given to obtain time to vacate on the assurance that possession would not be parted with or third-party interests created, while the respondents were aware of and supported a competing sub-tenancy claim. The clarification issued through counsel formed part of the same misleading course of conduct, and the respondents were held guilty of contempt; the High Court's refusal to proceed was set aside.

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Issues: Whether the respondents were guilty of civil contempt for giving an undertaking to the Court while suppressing the true position regarding possession and sub-tenancy, and for using counsel's clarification to defeat execution of the eviction decree.

Analysis: Civil contempt under Section 2(b) of the Contempt of Courts Act, 1971 requires wilful disobedience of a court order or wilful breach of an undertaking. The undertaking obtained time to vacate on the footing that possession would not be parted with or third-party interests created, while the record showed that the tenant company and its controlling persons were aware of and acted in support of a competing sub-tenancy claim. The clarification given on behalf of the company was treated as part of the same course of conduct. In these circumstances, the Court found that the undertaking was false to the knowledge of the respondents and that the conduct was calculated to mislead the Court and frustrate execution.

Conclusion: The respondents were held guilty of contempt, and the High Court's refusal to proceed was set aside.

Ratio Decidendi: A false undertaking given to a court, coupled with conduct designed to suppress material facts and obstruct execution of its order, constitutes civil contempt.

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