12.
I may note, here, that there was some confusion regarding the
exact nature of the film which was being streamed on the Lapalap
platform and in respect of which the plaintiff was seeking an
injunction. Mr. Varun Singh also sought to submit that, despite a
proscription to that effect contained in the order dated 26 July 2021 of
the Division Bench, the defendants had carried out changes in the film
even after the passing of the said order. That eventuality, however,
stands recognized, and addressed, in para 9 of the order dated 26 July
2021 of the Division Bench. In the said paragraph, the Division Bench
has observed that, in the event Defendant 3 were to make changes in
the film, as it existed on that date, i.e. on 26 July 2021, information in
that regard would be given to the plaintiff who would, then, have
liberty to move the Single Judge, i.e. this Bench.
13.
As things stand today, learned Counsel for both sides are ad
idem that there is one existing final print of the film which runs into 2
hours 30 minutes 33 seconds. A copy of the film has been provided to
the Court on a pen drive. It is this print that has formed subject matter
of argument before me. Mr. Varun Singh seeks an injunction against
streaming of the said print – or any other film showcasing the life of
SSR – on the Lapalap platform or elsewhere, whereas Mr. Lall
contends that, by streaming the film, his clients have not infracted any
right of the plaintiff, as would entitle the plaintiff to seek an injunction
from this Court.
14. Extent to which the judgment dated 10 June 2021 of the learned
Single Judge in IA 5697/2021 is required to be taken into account
Signature Not Verified
Signed By:KAMLA CS(COMM)
RAWAT
Signing Date:12.07.2023
10:10:24
187/2021
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