PHI LEARNING PRIVATE LIMITED Vs. P MEENAKSHI

JUDGEMENT

(1.) This is a suit for permanent injunction. The Plaintiff company which was earlier known as Prentice Hall of India Private Limited, is engaged in the business of printing and publishing of books and is stated to be an internationally reputed publishing house, catering to the needs of thousands of students.

(2.) The Defendant entered into an agreement with the Plaintiff on 01.12.2004, where by the Plaintiff was granted exclusive rights to print, publish and sell the work 'ELEMENTS OF ENVIRONMENTAL SCIENCE AND ENGINEERING' under the Plaintiff's own name. The rights granted to the Plaintiff included rights to publish and re-prints during the full term of the copyright in the aforesaid work. As per Clause 3 of the agreement, the Plaintiff was required to pay 15% of the net receipts in India on all the copies sold by it, as royalty to the Defendant. The Plaintiff has, in terms of the aforesaid agreement, been publishing the above title with the first print in the year 2005-2006 and claims to have sold 5500 copies so far. It is also alleged that the Plaintiff has paid royalty to the Defendant for all the years and nothing was due to the Defendant on 31.03.2009.

(3.) It is further alleged that an e-mail dated 11.05.2009 sent by the Defendant alleging that the Plaintiff had been printing making multiple printing and had not paid the royalty on her. This was controverted by the Plaintiff and all details of royalty payment were sent to the Defendant. It is further alleged that the Defendant, in order to wriggle out her contractual obligation of the Plaintiff, wants to determine the agreement between the parties and give the publication rights of the title to a third party. It is further alleged that vide e-mail dated 01.07.2009, the Defendant informed the Plaintiff that it had allegedly given the assignment to the other publisher. The Plaintiff has accordingly sought an injunction restraining the Defendant from entering any agreement whether under the nomenclature of assignment or licence or any other nomenclature in the nature of permitting the publishing or granting distribution rights in respect of the literary work presently titled "Elements of Environmental Science and Engineering". It has also sought an injunction restraining the Defendant from any copyright in the aforesaid book.