DEBARATI MUKHOPADHYAY Vs. BOOK FARM

JUDGEMENT

(1.) The defendant in a suit for infringement of copyright has preferred the instant first miscellaneous appeal challenging the order no. 1 dated August 20, 2020 passed by the learned District Judge, 24 Parganas (south) at Alipore in Title Suit No. 6 of 2020.

(2.) The author who is the appellant herein entered into a publishing and copyright agreement with the publisher being the respondent on November 24, 2017. The respondent filed the instant suit alleging illegal termination of the aforesaid agreement by the appellant through e-mail dated June 1, 2020. It was further alleged that the appellant herein through her learned advocate's letter dated July 20, 2020 threatened to institute legal proceedings against the respondent before the appropriate forum. The respondent claims that the appellant herein threatened to publish the books through other publishers which compelled the respondent to pray for an order of injunction restraining the appellant herein from giving any effect to the e-mail dated June 1, 2020 and the letter dated July 20, 2020 by filing an application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure.

(3.) The Learned Trial Judge, by the order impugned, restrained the defendant/appellant herein from taking any steps pursuant to the letter dated June 1, 2020 as well as the letter dated July 20, 2020 till September 25, 2020.