Ms. Meena A. Sayyid v. M/S. Tulsi Films, Through Sole Proprietor And ORS

*1* 1120-CAA-388-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.388 OF 2015 IN APPEAL FROM ORDER STAMP NO.30212 OF 2014 WITH APPEAL FROM ORDER STAMP NO.30212 OF 2014 Ms. Meena A. Sayyid ...Applicant/Appellant V/s.

M/s. Tulsi Films & Ors.

...Respondents

.........

Mr. Nikhil Rajeshirke, Advocate for the Applicant/Appellant. Ms. Devki Sahi i/by Mr.A.M.Saraogi, Advocates for the Respondent No.1.

Mr. Y.S.Bhate with Mr.C.N.Chavan, Advocates for Respondent No.3. .......

CORAM : N.M.Jamdar, J.

DATE : 2nd April, 2016.

P.C.:

The Civil Application is taken out for condonation of delay of 92 days. Perused the Application. Sufficient reason is made out. The Application is allowed in terms of prayer clause (a). By consent, the Appeal From Order is taken up for disposal forthwith. The Appellant challenges the rejection of his Shivgan

*2* 1120-CAA-388-2015.doc Notice of Motion by the City Civil Court, Greater Bombay by the order dated 25.4.2014. By this Notice of Motion, the Appellant/Plaintiff had sought interim injunction restraining the Respondents from releasing or displaying feature film in question. Notice has been issued in the Civil Application and the Appeal which is filed in the year 2014 has remained pending without there being ad-interim relief.

It is informed that the feature film in question has already been telecast and is being occasionally telecast. At this stage, therefore, no useful purpose will be served by keeping the appeal pending. If the appellant has any other grievances, the appellant can always take appropriate notice of motion, which will be considered as per law. The learned counsel for the appellant states that the suit be expedited since the appellant is senior citizen. It will be open for the appellant to make this request to the learned City Civil Court, Greater Bombay. It is also clarified that the observations made in the impugned order are prima-facie.

Appeal is, accordingly, disposed of.

(N.M.Jamdar, J.) Shivgan