―1.
Mr. Vikas Singh, learned senior counsel, who appears on
behalf of the appellant, on instructions, says that the statement
made on behalf of respondent no. 3, on 23.06.2021, that the subject
film, i.e. ―Nyay: The Justice‖ [hereafter referred to as the ―subject
film‖] has been released, is not correct.
1.1.
Mr. Singh says that the subsequent order, i.e., order dated
25.06.2021 would show that an impression was given, to the
predecessor bench, that the duration of the film was 2 hours and 23
minutes, as appearing on http://lapalaporiginal.com/ [hereafter
referred to as the "subject OTT platform"].
1.2.
It is Mr. Singh's submission that if one were to visit the
subject OTT platform, it would be revealed that, with "gaps", the
duration of the subject film stands increased to 2 hours 41 minutes.
Therefore, in sum, it is Mr. Singh's submission that the subject film
has not been released, for public viewing, as was sought to be
portrayed, by respondent no. 3, in particular, as noticed
hereinabove, on account of gaps.
2.
On the other hand, Mr. Chander M. Lall, learned senior
counsel, who appears on behalf of respondent no. 3, says that the
content of the subject film has not changed, from the date it was
released, on the subject OTT platform, i.e., 11.06.2021.
2.1.
It is Mr. Lall's submission that although, at the given point
of time, gaps were incorporated, whereby, the duration of the
subject film, stood increased to 2 hours 41 minutes, the content has
not changed.
2.2.
It is also Mr. Lall's submission, that the duration of the
subject film, as recorded in the order dated 25.06.2021, i.e. 2 hours
and 23 minutes, is, in fact, a typographical error. The duration of
the subject film, according to Mr. Lall, was 2 hours 32 minutes,
even at that juncture, which, with the gaps, stood increased to 2
hours 41 minutes.
3.
We are informed that gaps were inserted, at a particular
juncture, to merge advertisements, with the contents of the subject
film. Mr. Lall also informs us that some advertisements were,
indeed, incorporated.
4.
At this stage, Mr. Singh points out that first 9 minutes of
the subject film, as appearing on the subject OTT platform, are
blank.
Signature Not Verified
5.
We may also point out that Mr. Lall has taken instructions,
in the matter, and he says that, presently, the gaps have been
Signed By:KAMLA CS(COMM)
RAWAT
Signing Date:12.07.2023
10:10:24
187/2021
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