CHANDRA PLASTIC INDUSTRIES Vs. PARASMAL JAIN

JUDGEMENT

(1.) The Civil Revision Petition arises from an Interlocutory Order passed by the lower Court refusing to stay the suit proceedings taken by the plaintiff/ petitioner itself. The suit is filed for obtaining a declaration that the defendant/ respondent had committed an infringement of the Copyright registered in favour of the plaintiff/petitioner.

(2.) The grounds taken by the lower Court for refusing to stay the suit proceedings were that the petition for stay was made at a stage when the suit was posted fot arguments and that the petition was made with a mala fide intention of protracting the suit proceedings. The plaintiff/petitioner urges that common question of law and fact arise in the suit proceedings on one hand and the rectification proceedings on the other, and that the order in rectification proceedings in Case No.13 of 1993 before the Copyright Board would be conclusive, which made it necessary that the suit proceedings should be stayed so as to avoid the possibility of conflicting views in the eventual orders and also to avoid multiplicity of proceedings.

(3.) The petitioner before us filed a suit being O.S.No.l of 1987 in the Court of the District Judge, Ongole under Sections 55 and 62 of the Copyright Act, 1957 for obtaining a perpetual injunction against the defendant from committing infringement of plaintiff's Copyright "Swastic Cane" registered under Regn. No.A-40307/83 and for obtaining consequential directions against the defendant. The plaintiff also prayed for compensation for the loss sustained by the plaintiff on account of the infringement of Copyright allegedly committed by the defendant.