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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.