removed; and the duration of the subject film is, now, 2 bours 41
minutes, with advertisements included in between.
6.
Given this position, both the counsel submit, that the best
course forward would be to remit the matter to the leamed Single
Judge, where the parties can, then, press their respective claims.
7.
Given the aforesaid submissions, made on behalf of Mr.
Singh and Mr. Lall, counsel for the parties say, that the appeal and
the pending applications can be disposed of accordingly. It is
ordered accordingly.
8.
The appeal is, thus, disposed of with liberty to
appellant, to press his claims, in terms of paragraph 43 of
impugned judgment dated 10.06.2021. The contentions of
appellant will be examined, by the learned Single Judge, in
context of the subject film, which is, presently, available on
subject OTT platform.
the
the
the
the
the
9.
In case, respondent no. 3 were to make changes in the
subject film, as available today, on the subject OTT platform,
information, in that behalf will be given to the appellant. The
appellant will, then, have liberty to move the learned Single Judge,
if so advised.
10.
Needless to add, since we have not examined the matter on
merits, and given the fact that, the stage, at which the impugned
decision was rendered, the subject film had not been released, all
the parties will at liberty to advance their respective stands, before
the leamed Single, in view of the changed circumstances.
11.
of.‖
6.
Resultantly, pending applications shall also stand disposed
A plain reading of the aforesaid order dated 26 July 2021
reveals that, by the time the Division Bench came to pass the said
order, something in the nature of a completed film, titled ―Nyay : The
Justice‖, produced by Defendants 1 and 2, directed by Defendant 3
and outlined by Defendant 4, was in existence and could be viewed on
the OTT Platform http://lapalaporiginal.com/ (hereinafter referred to
as ―the Lapalap platform‖). The Division Bench, therefore, granted
liberty,
Signature Not Verified
to the plaintiff, to press his claims, in terms of para 43 of the
Signed By:KAMLA CS(COMM)
RAWAT
Signing Date:12.07.2023
10:10:24
187/2021
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