VIJAY POCKET BOOKS DELHI Vs. KEWAL KRISHAN KALIA

JUDGEMENT

(1.) MR. K.N. Kataria with MR. B.P. Aggarwal, Advocates for the Defendants Nos. 2 & 3. It is alleged by the plaintiff firm that it came into existence in 1967 and since then it had been carrying on and engaged in the business of publishing and printing of novels, stories etc. in different languages. Shri Kewal Krishan Kalia @ Kewal Deep (defendant No. 1) is stated to be a writer in Hindi while defendants 2 to 6 are publishing houses like the plaintiff. It is further alleged that defendant No. 1 is known to the plaintiff firm and its partners since 1973, as at that time he stated working with the firm as a Salesman on commission basis for booking orders for novels published by this firm.

(2.) IT is further alleged that in the year 1971 the plaintiff firm introduced the trade name 'RAJHANS' as the author of the novels published by it to its readers and that at time defendant No. 1 had not written or published any novel nor he had been heard of in this line. The plaintiff firm then engaged different authors to write novels for them under the same name 'RAJHANS' instead of their real names and printed and published those novels under the name of fictitious author 'RAJHANS'. The novels so published were eight in number, which have been mentioned in paragraph 4 of the plaint. IT is further contended that in 1971 the plaintiff firm had applied for the registration of the trade mark 'RAJHANS' in its name to the Registrar of Trade Marks but it was not actually registered. Reasons for registration have not been given in the plaint. The plaintiff has made a reference thereof only to show that this trade name was in existence in 1971.

(3.) IT is further stated that because defendant No. 1 has not adhered to the terms of the agreement entered into between the parties, the plaintiff was obliged to bring the present suit for the grant of permanent injunction to perform negative covenant under section 42 of the Specific Relief Act and also for the grant of permanent injunction under sections 38, 39 and 40 of the Specific Relief Act alongwith rendition of accounts for the calculation of damages and other amounts recoverable.