14.1 I may now advert to the aspect to which I had eluded earlier,
viz, whether the judgment dated 10 June 2021, of Narula, J., is
required to be borne in mind while deciding the present application IA
10551/2021 and, more particularly, whether the findings returned in
the said judgment dated 10 June 2021 would be binding on me and
were not open to revisitation.
14.2 Mr. Chander Lall, learned Senior Counsel for Defendant 3, has
no doubt about the legal position in this regard. Indeed, he rose while
the submissions of Mr. Varun Singh, learned Counsel for the plaintiff
were midstream, submitting, with some chagrin (even while retaining
his characteristic savoir faire), that Mr. Singh was arguing issues
which had been laid to rest by the judgment of Narula, J., and were no
longer open to reconsideration. To bring home his point, Mr. Lall
emphasizes para 8 of the order dated 26 July 2021 of the Division
Bench, which allowed the plaintiff to press his claims in terms of para
43 of the judgment dated 10 June 2021 of Narula, J. The findings of
Narula, J., in the judgment dated 10 June 2021, which precede para 43
of the said judgment, therefore, according to him, cannot be now
reagitated or re-examined by this Bench. This Bench has to limit its
cogitative excursions to para 43 of the judgment dated 10 June 2021,
and cannot travel outside the peripheries thereof.
14.3 Mr. Lall, in fact, specifically contended that all that this Bench
was required to do, as per the order dated 26 July 2021 of the Division
Bench, was to examine whether the release of the film – which was
Signature Not Verified
Signed By:KAMLA CS(COMM)
RAWAT
Signing Date:12.07.2023
10:10:24
187/2021
Page 10 of 68
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents