Shaw Wallace And Company Ltd. vs Repute Fertilizers And Ors. on 19 September, 1991
17.1 The learned Counsel for the respondent relied on Punjab High Court judgment in the case of Badri Das v. Labhu Mal . In that case of breach of undertaking, the Court held that the undertaking was not given to the Court, but it was given to the plaintiff and the Court observed that the nature of promise or undertaking could never be changed by reason of the compromise being accepted by the Court and a decree passed in its terms. It is not necessary to examine the correctness of this view of the fact that in the present case, there is no difficulty in coming to the conclusion on facts that the undertaking in this case was given to the Court and it was not a private undertaking between the parties.