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1956 Supreme(Cal) 59

CHAKRABARTI, SARMA SARKAR
NANDAN PICTURES LTD. – Appellant
Versus
ART PICTURES LTD. – Respondent


Advocates Appeared:
A.K.SEN, E.R.Meyer, NIREN DEV, S.K.Mukherji

CHAKRAVARTTI, C. J.

( 1 ) WE think that in all the circumstances of the case the order of the 12th of March last ought not to be sustained. It is true that the order has spent itself, because what was directed by it was only that the appellant should hand over the prints of the film and the relevant publicity materials to the Indira Cinema by 11 o'clock of the 13th of March last. When the appellants lodged their appeal and moved for an interim stay of the order, it appeared to us that there were 'prima facie' grounds for thinking that exceptions to the order could justly be taken and accordingly we granted an Interim stay. The result has been that the 13th of March has come and gone and so far as the particular order passed on that date is concerned, whether it is sustained or held to have been wrongly passed, is of no practical consequence to anyone. It has, however been represented to" us that the basis of the order nevertheless remains and it is necessary and proper that we should express our views thereon, as it may ground another order. Since all the parties interested in the matter addressed us at considerable length, we consider it right that we should express our views bri























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