JANTA BOOK DEPOT Vs. EVERGREEN PUBLICATIONS INDIA LTD.

JUDGEMENT

(1.) THE order impugned before this court is the order dated 10.05.2010 vide which the application filed by the defendant under Order 7 Rules 10 and 11 of the Code of Civil Procedure (hereinafter referred to as 'the Code') had been dismissed. Record shows that the present suit is a composite suit which had been filed for injunction, damages, rendition of accounts etc. alleging infringement of copyright and passing off by the defendant. The present application under Order 7 Rules 10 and 11 of the Code had been filed by the defendant contending that the relief of passing off is not available to the plaintiff as one of the defendants resides outside the territorial jurisdiction of the Delhi courts; on this submission, an objection having been raised by the defendant, the plaintiff has made an oral submission that he is not pressing his claim for passing off. The application under Order 7 Rules 10 and 11 of the Code had been disposed of as admittedly the relief on the ground of infringement of copy right was available to the plaintiff. It has been agreed that an amended plaint in terms of this order dated 10.05.2010 shall be filed by the plaintiff which shall be filed within a period of three weeks with advance copy to the defendant.

(2.) CONTENTION of the plaintiff is that there has been a long delay in the proceedings and in fact his application under Order 39 Rules 1 and 2 of the Code is lying pending for the last 14 months. In this view of the matter, the Trial Court is directed to dispose of the case as expeditiously as possible. With these directions, petition is disposed of.