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2021 Supreme(Bom) 1458
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S.J. Kathawalla, Abhay Ahuja, JJ.
Pan Macmillan Publishing India Pvt. Ltd - Appellant
Versus
Raymond Limited & Ors. - Respondents
Contempt Appeal No. 1 of 2021, In Contempt Petition No. 374 of 2021, Interim Application No. 3239 of 2021, Contempt Appeal (ST) No. 1 of 2021
Decided On : 10-11-2021
Siddhesh Bhole, Advocate, Yakshay Chheda, Advocate, Tushad Cooper, Advocate, Siddharth Mehta, Advocate, Kartik Nayyar, Advocate, Krish Kalra, Advocate, Sanjan Das, Advocate, Eram Quraishi, Advocate, Vibhav K. Krishna, Advocate
The need for applications to be decided on their own merits without being influenced by previous orders.
Headnote:
Single Judge - Erroneous Impression - The court set aside the order of the learned Single Judge and allowed the parties to renew the application afresh for a decision on its own merits.
Fact of the Case:
The learned Single Judge passed an order under an erroneous impression regarding a stay/interim order granted by the District Court at Thane.
Finding of the Court:
The court set aside the order of the learned Single Judge and allowed the parties to renew the application afresh for a decision on its own merits.
Issues: Misinterpretation of the District Court's order, erroneous impression by the learned Single Judge.
Ratio Decidendi: The court emphasized the need for the application to be decided on its own merits without being influenced by the previous order.
Final Decision: The order of the learned Single Judge was set aside, and the parties were allowed to renew the application for a fresh decision.
JUDGMENT
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 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.
