SYNDICATE OF PRESS OF THE UNIVERSITY OF CAMBRIDGE TRADING AS CAMBRIDE UNIVERSITY PRESS Vs. B D BHANDARI

JUDGEMENT

(1.) THIS is an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (in short the 'CPC') in a suit filed by plaintiff No. 1 the Syndicate of the Press of the University of Cambridge which trades in the name of Cambridge University Press. The Edinburgh Building, United Kingdom (hereinafter referred to as the 'Syndicate') and its Associate in India which has published the low price edition of the book in question, M/s Foundation Books Private Ltd., i.e., the plaintiff No. 2 (hereinafter referred to as the 'Company'). The Syndicate has averred inter alias that it is a reputed publisher with an international standing and holds all rights in respect of the publication 'Advance Grammar in Use by Martin HEWINGS' (hereinafter referred to as the 'subject work').

(2.) THE plaintiff's have averred in the plaint as follows: -

(3.) AN ex -parte order of ad -interim injunction was passed in favor of the plaintiff on 10th November, 2004 wherein the defendants were restrained from utilizing and incorporating the verbatim text taken from the plaintiffs' subject matter titled 'Advanced Grammar by Martin Hewings' in any of their publications.