SUKHENDU MAITY Vs. ABHINABA PRAKASHAN

JUDGEMENT

(1.) This appeal is at the instance of the defendant No. 1 in a suit for injunction and is directed against Order No. 12 dated 27th January, 2005 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Title Suit No. 1242 of 2004 thereby disposing of an application for temporary injunction filed by the plaintiff-respondent under section 151 of the Code of Civil Procedure by restraining the present appellant from publishing "Madhyamik Bhouta Bignyan" for Class IX and X through any other publisher than the respondent till the disposal of the suit.

(2.) The facts leading to the filing of the present appeal may be encapsulated thus: The plaintiff-respondent filed a suit in the City Civil Court at Calcutta being Title Suit No. 1242 of 2004 thereby praying for an order of permanent injunction restraining the present appellant from publishing a book on Physical Science for Class IX and X as per new syllabus effective from the Academic Session 2005-2006. In connection with the aforesaid suit, the respondent filed an application for temporary injunction for restraining the present appellant from entering into any agreement with any other publisher for publication of the said book till the disposal of the suit.

(3.) The learned Trial Judge issued a notice to show cause upon the present appellant why the prayer of the respondent should not be granted but refused to grant any ad interim order of injunction on such application.