A PARTHASARATHY Vs. SWAMI PARTHASARATHY & ANR.

JUDGEMENT

(1.) The present suit for permanent injunction restraining infringement of copyright, damages, etc. was instituted by the Plaintiff on the ground that one of his literary works known as "Vedanta Treatise: The Eternities ?, 11th edition was infringed by the Defendants by publishing a book titled "Vedanta for Modern World?. The case of the Plaintiff is that the Plaintiff is a world renowned philosopher and had published the said work after over 30 years of research. He is a philosopher well acclaimed in the field of Vedanta. It is also stated that the Plaintiff runs the Vedanta Academy, which is a well known academy for scriptures in Vedanta located in Maharashtra. The Defendants book had been released in the World Book Fair and upon comparison of the same, the Plaintiff realised that the same is a complete reproduction and verbatim copy of the Plaintiff?s "Vedanta Treatise". This Court on 16th May, 2014 had passed an injunction order in the following terms.

(2.) Thereafter, the matter was considered from time to time. The Plaintiff had moved CCP No.59/2015 alleging various acts of contempt by the Defendants. Issues were framed on 19th October, 2016. On 14th March, 2017, this Court had accepted the unconditional apology by the Defendants and both the CCPs were disposed of. Thereafter, the Court had, on 12th July, 2017, appointed a Local Commissioner for recording of the evidence in the matter. The Defendant has moved the present application being IA No.11394/2018. In the present application, the Defendant No.1 submits that he is a monk and he had published the book only for spiritual purposes and for a commercial motive. It is also stated in paragraphs 3 to 5 as under:

(3.) Accordingly, in the I.A., it is prayed that appropriate orders be passed disposing of the suit.