MANISHA KOIRALA II Vs. SHASHILAL NAIR

JUDGEMENT

(1.) WE heard Mr. Satish Maneshinde, learned Counsel for the appellant and Mr. Iqbal Chagla, learned Senior Counsel for respondent No. 1.

(2.) THE appellant is the original plaintiff in Suit No. 2750 of 2002 and respondent Nos. 1 to 3 herein are defendant Nos. 1 to 3 respectively. In the suit, the plaintiff has prayed for following reliefs:

(3.) THE dispute relates to four objectionable scenes in the film "ek Chotisi Love Story" produced and directed the 1st respondent herein. The plaintiff is the lead actress in the said film. In the suit plaintiff took out notice of motion praying for the order of temporary injunction against the defendant from using the film "ek Chotisi Love Story" for theatrical, non-theatrical, commercial or non-commercial exhibition or any other manner of communication to the public without first deleting the four objectionable scenes. The Notice of Motion taken out by the plaintiff was contested by the defendants and the learned trial Judge by his order dated 30th August, 2002, (Manisha Koirala v. Shashilal Nair) reported in 2003 (2) Bom. C. R. (O. O. C. J.) 136, dismissed the Notice of Motion. Before the order was passed disposing of Notice of Motion, the learned Judge himself watched the film to decide whether the objectionable scenes are impermissible and/or not to be exhibited. The learned Single Judge held that prima facie the objectionable scenes form part of the story board and was known to the plaintiff and if seen in this context it cannot be said that the scene would fall out of definition of what the plaintiff contends defamatory. Upset by the order of learned Single Judge, the plaintiff has preferred this appeal. The appeal came up before us on 5th September, 2002 and after hearing learned Counsel for the appellant and learned Senior Counsel for respondent No. 1 and respondent No. 3 we admitted the appeal and passed the following ad interim order: