2004 INSC 0618
                                    SUPREME COURT OF INDIA

                                          Mrs. Mehar Rusi Dalal

                                                      Vs.

                                               T. K. Banerjee

                                       S.L.P.(C) No. 14709 of 1997

                                   (S. N. Variava and H. K. Sema JJ.)

                                                 05.05.2004

                                                JUDGMENT

S. N. Variava, J.

1. We have heard parties.

2. 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.

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