complete. He would urge that several steps have been taken by the Respondent Nos.1 and 2 by approaching the NHAI for seeking necessary clearance so that they can comply with the undertaking given to the Court. He submitted that the amount of Rs.25 crores was to be set apart only after the entire sale transaction was completed and, therefore, today, it cannot be said that there is any breach committed of the undertaking. In any case, he submits that this is not a case of a willful and deliberate breach of the undertaking at all. Learned counsel appearing for the Respondent No.5 to 11 apart from the preliminary objection which is noted earlier and apart from adopting the submissions made by the Respondent Nos.1 and 2, submitted that all the factual aspects were placed before the Court about the nature of sale transaction entered into by the Respondent Nos.1 and 2 and only thereafter, the order has been passed on 18th February 2018 and an undertaking has been given. He reiterated that as the entire consideration is not received, there is no question of any breach of the undertaking as the amount was to be set apart only after the entire consideration is received. He invited our attention to the correspondence exchanged between the Respondent Nos.1 and 2 and NHAI. He urged that as there is no breach of the undertaking, no action is warranted. In any event, he submitted that there is no willful and deliberate breach of the undertaking.
