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239-NMS1396-14.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1396 OF 2014
IN
SUIT (L) NO. 466 OF 2014
Rajiv Suri…Plaintiff
Versus
New Delhi Television Limited…Defendant
Mr. Ajit Anekar, with Mr. Thomas James, i/b M/s. Auris Legal, for
the Plaintiff.
Mr. Shrishail Kittad, for the Defendant.
CORAM: G.S. PATEL, J DATED: 31st March 2016
PC:-
1.There was an ad-interim order of 6th May 2014 (S.J.
Kathawalla J) in which a statement on behalf of the Defendant was
noted that without prejudice to its rights and contentions, the
Defendant would, pending further orders, remove the copyright-
protected footage from its programme “Bollywood Roots - Kaifi
Azmi”. That statement was accepted as an undertaking to the
Court. It has continued for nearly two years. There was no Appeal.
The order has not been recalled or modified. Clearly, the Defendant
has no grievance with that order since it notes a statement
volunteered by the Defendant itself.
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239-NMS1396-14.DOC
2.Mr. Anekar agrees that the statement adequately covers both
prayers (a) and (b) of the present Notice of Motion. Mr. Kittad
quite rightly does not resile from the statement earlier made.
3.In that view of the matter, by consent, the previous ad-
interim order dated 6th May 2014 is confirmed as a final order in
the Notice of Motion.
4.Issues were framed on 18th June 2015 in the Suit itself.
Pursuant to the directions, the Plaintiff has filed his Affidavit of
Evidence, Affidavit of Documents and a Compilation of
documents. The Suit now needs to be taken up for making the
Plaintiff’s documents so that it can proceed to trial.
5. List the Suit for marking the Plaintiff’s documents on 5th April 2016.
6.The Notice of Motion is disposed of in these terms. There
will be no order as to costs.
(G. S. PATEL, J.)
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G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court