the only change in circumstance since the time of passing of the order
dated 10 June 2021 of Narula, J. – could be said to have entitled the
plaintiff to an injunction, which Narula, J. had refused. He submits
that the answer to this question has, quite obviously, to be in the
negative. Mr. Lall‘s contention is that, in the amended plaint, the
plaintiff has not advanced any submission which could change the
factual or legal position which obtained on 10 June 2021, when
Narula, J. rendered his judgment and that, therefore, the plaintiff
would not be treated as entitled to any injunction against streaming of
the film. Mr. Lall has, in this context, specifically drawn attention to
the observation, in para 43 of the judgment dated 10 June 2021 of
Narula, J., to the effect that, if there was any change in circumstance
after release of the film, the plaintiff had an adequate remedy of being
compensated by award of damages, provided he proved, in trial, that
celebrity/publicity rights were inheritable and exclusively enured to
him. The Division Bench having lent its imprimatur to para 43 of the
judgment of Narula, J., Mr. Lall‘s contention is that the issue had now
necessarily to be relegated to trial. A plain reading of para 43 of the
decision of Narula, J., in terms whereof, alone, the plaintiff had been
permitted, by the Division Bench, to approach this Court, he submits,
reveals that the only right that survived in the plaintiff, consequent to
release of the film, was a right to claim damages and that the said right
was dependent on the plaintiff establishing, during trial, firstly, that
celebrity/publicity rights were heritable and, secondly, that these
rights exclusively enured to him. There is, therefore, according to Mr.
Lall, no question of any injunctive relief being granted to the plaintiff
at this stage.
Signature Not Verified
Signed By:KAMLA CS(COMM)
RAWAT
Signing Date:12.07.2023
10:10:24
187/2021
Page 11 of 68
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