DEVENDRA SOMABHAI NAIK Vs. ACCURATE TRANSHEET PRIVATE LIMITED

JUDGEMENT

(1.) Admit. Mr.Acharya, learned Advocate, appears and waives process of admission on behalf of the respondent. At the request of the learned Advocates for the parties, the Appeal is taken up for final disposal.

(2.) The present First Appeal is filed under Section 72 of the Copyright Act, 1957 challenging the order passed by the Copyright Board dated 7/09/2001, whereby it is held that Article 137 of the Limitation Act, 1963 is not applicable to the application filed under Section 50 of the Copyright Act, 1957. The Board also held that the Copyright Board is, deemed to be the "Civil Court" only "for limited purpose" otherwise for all other purposes, Copyright Board is a Tribunal and a quasi judicial authority. Therefore, Article 137 of the Limitation Act, 1963 has no application to any petition or application made under Section 50 of the Act.

(3.) Mr.R.K.Shah, learned Advocate for the appellant, submitted that the respondent herein filed an application under Section 50 of the Copyright Act, 1957, on 4th May, 2000. According to him, it is filed beyond the time prescribed under Article 137 of the Limitation Act, 1963. In the alternative, he submitted that the application was filed after five years of the suit filed by the present appellant. He contended that the Copyright Board ought to have rejected the application on the ground of delay and latches. He submitted that the respondent had the knowledge of the suit, which was filed in the year 1995. They had filed a written statement in the said suit. He submitted that the respondent has not explained the delay by setting out any reason for not filing or not taking any action for long five years. He submitted that the Copyright Board has erred in holding that the provisions of Article 137 of the Limitation Act, 1963, are not applicable to the application made under Section 50 of the Copyright Act. He submitted that the wordings in Article 137 are,