Pan Macmillan Publishing India Pvt. Ltd. v. Raymond Limited And ORS.
Digitally signed by NITIN DINKAR JAGTAP Date:
2021.11.10 14:02:17 +0530 NITIN DINKAR JAGTAP PA-Nitin Jagtap 1 / 2 5-CAPL-1-2021-UR.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT APPEAL NO. 1 OF 2021 IN CONTEMPT PETITION NO. 374 OF 2021 Pan Macmillan Publishing India Pvt. Ltd.
...
Appellant
Versus
Raymond Limited & Ors.
...
Respondents ALONG WITH INTERIM APPLICATION NO. 3239 OF 2021 IN CONTEMPT APPEAL (ST) NO. 1 OF 2021 IN CONTEMPT PETITION NO. 374 OF 2021 Mr.Siddhesh Bhole i/b. Mr. Yakshay Chheda for the Appellant. Mr.Tushad Cooper, Sr. Adv. a/w. Mr. Siddharth Mehta, Mr.Kartik Nayyar, Mr.Krish Kalra, Ms.Sanjan Das, Mr. Eram Quraishi i/b. Mehta & Padamsey for Respondent No. 1.
Mr.Vibhav K. Krishna i/b. Juris Consillis for Respondent No. 2. CORAM : S.J. KATHAWALLA & ABHAY AHUJA, JJ.
DATE : 10TH NOVEMBER, 2021 (VACATION COURT) P.C. :
1.
After hearing the learned Advocates appearing for the parties at some length, we are of the view that the learned Single Judge has passed the impugned
PA-Nitin Jagtap 2 / 2 5-CAPL-1-2021-UR.doc Order dated 4th November, 2021 under an erroneous impression that the District Court at Thane has passed the Order dated 22nd April, 2021 granting stay / interim order against the erstwhile publisher from publishing the book "Incomplete Life" was to continue until the pendency of the Appeal filed by the Respondent No.1. We do not want to say anything more in view of the following Order : i.
The Order of the Learned Single Judge dated 4th November, 2021 is set aside.
ii.
Parties are at liberty to move the Learned Single Judge sitting in vacation today or tomorrow and renew the Application afresh which will be decided on its own merits without being influenced what is stated in this Order. iii.
The above Appeal as well as Interim Application are accordingly disposed off.
(ABHAY AHUJA, J. ) ( S.J. KATHAWALLA, J. )