NEETU SINGH Vs. RAJIV SAUMITRA

JUDGEMENT

(1.) IA 8803/2016 (u/O XXXIX R 1&2 by plaintiff) & IA 13791/2016 (u/O XXXIX R 1&2 by D-1&2) Ms. Neetu Singh, the plaintiff in CS(COMM) 935/2016 has filed the present suit inter-alia praying for a decree of permanent injunction restraining the defendants, their agents, dealers, distributors, etc. from reproducing, publishing, distributing, selling, offering for sale the literary work "English for General Competitions" and any other artistic work copyright whereof is vested in the plaintiff besides damages.

(2.) The claim of Neetu Singh is that she is a renowned author engaged in the business of providing services in relation to 'Education, training and educational consultancy in the field of engineering, medical, para-medical, dental, nursing, marketing, management and information technology' including providing coaching services. She has an Honors degree of Bachelor of Science (B.Sc from Vinoba Bhave University) and a degree in Law (LLB from Campus Law Centre, Delhi University). Defendant No.1 is the husband of plaintiff and owns, runs and manages defendant No.2 i.e. 'Paramount Coaching Centre Pvt. Ltd.' and defendant No.3 is the key publishing house of defendant No.1.

(3.) The case of the plaintiff is that she started an education and training institute namely 'Paramount Coaching Centre' in 1982 which earned goodwill and reputation. Around 2006 she married the defendant No.1 who was a teacher at the said coaching centre. In order to expand the business plaintiff and defendant No.1 formed and incorporated a company in the name and style of 'Paramount Coaching Centre Pvt. Ltd' on 30th Nov., 2009 with plaintiff and defendant No.1 as its Directors. During the progress as a trainer/academician/educational consultant, the plaintiff decided to write books on various subjects so as to bridge the gap between the instructional and teaching material available in the market and the actual needs of the students for understanding the concepts in the relevant subjects including those required for success in competitive examinations. After working and researching on various subjects, compiling educational data, question banks along with answers and from her own skill, labour and hard work, plaintiff wrote and authored several books under the titles " nglish for General Competitions-From Plinth to Paramount Vol-I, Rasayan Vigyan-Samanya Pratiyogita Hetu, Jeev Vigyan-Samanya Pratiyogita Hetu, Bhartiya Arthvyavastha-Samanya Pratiyogita Hetu, Bhautik Vigyan - Samanya Pratiyogita Hetu, Bhartiya Rajvyavastha-Samanya Pratiyogita Hetu, Computer-For Banking Exam, Marketing-For General Competition, Physics-For General Competition, Itihas-Samanya Pratiyogita Hetu, Geography-For General Competition, Indian Economy-For General Competition, Indian Polity-For General Competition, Banking-For General Competition, Biology for General Competition, Chemistry for General Competition, Arithmettic for General Competitions where concept is Paramount Vol-2, Ankganit Samanya Pratiyogita Hetu where concept is Paramount Vol-I, Interview for General Competition-where guidance is Paramount and SSC (CGL) TIER-II (Model Paper).