GEETA PUBLISHING HOUSE Vs. SUBHASH DEY

JUDGEMENT

(1.) This appeal has been filed by the appellant/Geeta Publishing House challenging the order dtd. 27/3/2025 passed by the learned District Judge, Commercial Cour-09 (Central District), Tis Hazari Courts, Delhi on application filed by the appellant under Order XXXIX Rule 4 read with Sec. 151 of the Code of Civil Procedure, 1908 ( "CPC ") by stating in paragraphs 13 to 16, as under:-

(2.) Suffice to state that the application under Order XXXIX Rule 4 CPC was filed seeking vacation of order dtd. 6/3/2020 passed by the Court on an application filed by the respondent/plaintiff under Order XXXIX Rule 1 & 2 CPC whereby the learned District Judge has granted the stay order in favour of the respondent/plaintiff. Vide the order, the learned District Judge has restrained the appellant herein to publish, sell, revise, edit, circulate and advertise book of the subject 'Business Studies ' for class 11 and 12 or any other book authored or written by the respondent/plaintiff till further orders.

(3.) The case of the respondent/plaintiff in the suit is primarily seeking declaration, permanent injunction and rendition of accounts against the appellant based on the memorandum of agreement dtd. 12/10/2006 for exclusive rights of publishing of books of 'Business Studies ' for the class 11 and 12 written by the respondent for the academic year 2007-08 on the ground that the said agreement has been terminated vide legal notice dtd. 29/12/2019 and as such, the appellant/defendant does not have any right over the books in question written by the respondent/plaintiff.