SANKAR MONDAL Vs. SWAPAN DEBNATH

JUDGEMENT

(1.) The appeal is at the instance of the defendant/respondent No.3 in a suit filed by the elder son of Late Narayan Debnath claiming infringement of copyright of several works of his late father.

(2.) Mr. Debnath Ghosh, learned Counsel appearing on behalf of the appellant has submitted that the suit was filed with oblique motive just before the commencement of the International Kolkata Book Fair, 2022 in the City Civil Court at Calcutta and with a view to prevent the appellant from selling the books authored by Late Narayan Debnath. It is submitted that in the said proceeding an injunction application was moved ex parte on 24/2/2022. The learned Trial Court, disregarding the fact that the appellant has the exclusive copyright in respect of several works of Late Narayan Debnath and all royalties payable to the Author were, in fact, paid by the publisher passed an ex parte order of injunction restraining the appellant from publishing and selling the works of Narayan Debnath, since deceased. It is further submitted that the said order was obtained by suppression of material facts. Mr. Ghosh has referred to the proceedings initiated by the present appellant before the learned Commercial Court at Alipore and submits that several orders passed in the said proceeding would show that the learned Court has recognized the right of the appellant to publish the works of Late Narayan Debnath. The learned Counsel has also raised the issue of maintainability of the suit before the learned Trial Court.

(3.) Mr. Aniruddha Chatterjee, learned Counsel appearing on behalf of the plaintiff/respondent No.1 submits that since royalties were not paid to the son or other family members of Sri Narayan Debnath, since deceased, the suit was filed before the learned City Civil Court in which the said impugned order was passed.