Not adhering to words in affidavite

As per Section 2(b) of the Contempt of Courts Act, 1971, Contempt of Court means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilfull breach of an undertaking given to a court. Also, the Section 12(4) of the Contempt of Courts Act 1971 states that "Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person." Now, in your case the person has given a certain undertaking to the court via an affidavit and has wilfully breached the undertaking. In such a case the Court. It has been held in the case of Raj Prakash vs. Choudhary Plastic Works, ILR 1981 Delhi 939 that 'If complainant makes' a showing that respondent has disobeyed a decree in complainnant's 'favor and that damages have resulted to complainant thereby, complainant is entitled as of right to an order in civil contempt imposing a compensatory fine. The court has no discretion to withhold the appropriate remedial order In this respect the situation is unlike that of criminal contempt where the court in its discretion may withhold punishment for the past act of disobedience.' So, you need to bring the same to the notice of the Court after which the necessary action can be initiated against the other party. You may contact www.lawkonect.com which provides reliable legal assistance and service for your petition in this regard. I am sure it will be of great help as you will be provided a lawyer of your specifications to work on your case.