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19. In para 40, the High Court took notice of the fact that even after notice was issued to the contemnors in the contempt proceedings, they continued to commit further acts contempt. Para 40 reads thus:

“40. The accused have continued to commit further contempt. We say so for the reason that additional affidavit dated 06.04.2019 filed by complainant No. 1.1 enclosing the sale deed dated 30.10.2018 would clearly disclose that accused no. 4 on behalf of himself and also on behalf of accused no. 3.1 to 3.4 had sold shop bearing No. 7 admeasuring 19.2 sq. mtrs. in the land bearing Survey No. 63 which land was also agreed not to be sold by way of undertaking given to this Court on 14.10.2015. Additional affidavit dated 18.07.2019 has been filed by complainant No. 1.1 which discloses another portion of land admeasuring 118.48 in Survey No. 63 has been disposed of vide sale deed dated 25.07.2017.

(v) The High Court erred in proceeding on the basis that the Appellants continued to commit contempt and in that regard relying on the transactions stated at Serial Nos.12 and 13 respectively of the table at para 26 of the impugned judgement.

The said transaction at Serial No.12 purportedly of 30.10.2018, of a shop, is not a part of the subject lands S.No.63 and 65 with regard to which order dated 14.10.2015 was passed; and the transaction at Serial No.13 is of 25.7.2017, hence it is not of a date after the filing of the contempt petition (filed on 12.01.2018).

(b) The undertaking given by Sr. Adv. "That the property qua the subject matter of this entry and the petition shall not be sold out till the main petition is heard and decided" clearly falls within section 2(b) of Act 1971.

The undertaking given by learned counsel is completely binding on the appellants.

(c) Despite such clear undertaking, the appellants sold the plots between 2015 and 2018. If the appellants wanted to sell the plots under certain compelling circumstances, they could have approached the High Court for modification or variation of the order which they did not deem fit to do. Further, as a clear continuing act of contempt, even after the execution of the sale deeds the appellants failed to bring the said aspect to the notice of the High court.

104. In re. Tapan Kumar (supra), this Court was dealing with a public servant facing an action for contempt.

105. We wonder what could be the ultimate outcome if we accept the apology and allow the appellants to go scot-free. First, they would have to face no legal consequences for the alleged act of contempt and secondly, would continue to enjoy or retain the fruits of their contempt. We say so because they have already pocketed a sizeable amount towards the sale consideration obtained from the purchasers.