Delhi High Court - Orders
The Code Of Civil Procedure, 1908). Ruba ... vs Hansal Mehta & Ors on 13 April, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 498/2021 & I.A. 13532/2021 (u/ Order XXXIX Rule 1 & 2 of
the Code of Civil Procedure, 1908).
RUBA AHMED & ANR. ..... Plaintiffs
Through: Mr. Yatin Grover and Mr. Upender
Thakur, Advocates.
versus
HANSAL MEHTA & ORS. ..... Defendants
Through: Mr. Dayan Krishnan, Senior
Advocate with Mr. Harsh Kaushik,
Mr. Harshvardhan Jha, Mr. Abhay
Chattopadhya, Mr. Sukrit Seth, Mr.
Sachin Akhoury and Mr. Aman
Pathak, Advocates for Defendants
No. 1-4.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 13.04.2022
1. A perusal of the Order dated 18th January, 2022 indicates that the Court has restrained the Defendants from screening the film in question (viz. 'FARAAZ') and statement made by Mr. Harsh Kaushik, counsel for the Defendants No. 1 to 4 was also recorded in the said order, the same is reproduced as under: -
"5. At this stage, Mr. Harsh Kaushik, learned counsel for the defendants No.1 to 4, submits that the assurances which he had given on behalf of the defendants regarding the release of the film, shall continue till the next date of hearing. The same is recorded."Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:15.04.2022 17:28:40
2. Mr. Dayan Krishnan, Senior Counsel for Defendants No. 1-4, on instructions, states that they do not wish to continue with the statement made by the said counsel, as extracted hereinabove.
3. In light of the afore-noted stand taken by Mr. Krishnan, it is clarified the Defendant No. 1-4 will not be bound by the assurance given to the Court regarding the release of the film. Nonetheless, the status quo granted in paragraph No. 4 of the afore-said Order (that reads as: "Till the next date of hearing, the defendants will not proceed to screen the film.") shall continue till the next date of hearing.
4. Mr. Krishnan further states that the afore-said order is causing severe prejudice to the Defendants No. 1-4 and the application (viz. I.A. 13532/2021) be adjudicated on any short date.
5. On the first call, the matter was passed over for Mr. Sanjeev Sindhwani, Senior Counsel for the Plaintiffs. It is now 04:15 PM and even on second call, Mr. Sindhwani is not present and request is made on his behalf for an adjournment.
6. In the meantime, the parties are directed to file a brief note of submissions, not exceeding three pages, along with the relevant case law(s), at least one week prior to the next date of hearing.
7. Re-notify on 02nd May, 2022.
SANJEEV NARULA, J APRIL 13, 2022 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:15.04.2022 17:28:40