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Supreme Court of India

Mrs. Mehar Rusi Dalal vs T. K. Banerjee & Ors on 5 May, 2004

Equivalent citations: AIRONLINE 2004 SC 723

Author: S. N. Variava

Bench: S. N. Variava, H. K. Sema

           CASE NO.:
Contempt Petition (civil)  162 of 1998

PETITIONER:
Mrs. Mehar Rusi Dalal

RESPONDENT:
T. K. Banerjee & Ors.

DATE OF JUDGMENT: 05/05/2004

BENCH:
S. N. VARIAVA & H. K. SEMA

JUDGMENT:

J U D G M E N T IN SPECIAL LEAVE PETITION (C) NO. 14709 OF 1997 S. N. VARIAVA, J.

We have heard parties.

In our view, every party has a right to move a Court of Law for adjudication of his rights. Mere filing of proceedings in a Court of Law and applying to a Court of Law that the payment may not be made would not amount to breach of undertaking. We therefore see no reason to punish for contempt. The contempt notice will stand discharged. There will be no order as to costs.