SAMANTHA FAY Vs. SALOO CHOUDHURY

JUDGEMENT

(1.) The above appeals have been filed against the common judgment dated 27th February, 2009 rejecting the prayer made by appellants seeking exemption of the three alleged contemners from appearing in person during the pendency of the contempt proceeding.

(2.) By this common judgment, we propose to decide all the appeals.

(3.) We may briefly notice the relevant facts. The contempt petition being C.C. No. 166 of 2005 was filed by one Saloo Choudhury and Neena Choudhury alleging that the respondents have failed to issue corrigendum strictly in consonance with the terms of Clause 1 of the consent decree in the publication of 2004-2005 in accordance with orders of this Court dated March 22, 2005. The aforesaid order was passed by the learned Single Judge in E.C. No. 11 of 2005 with C. S. No. 454 of 1993 (Saloo Choudhury & Ors. v. Guinness Publishing Ltd. & Ors.). The petitioners claim that respondent Nos. 2 to 9 are liable, responsible and answerable for all acts of omission and commission of respondent No.1 insofar as editing, printing, publication and distribution of the said book is concerned. Respondent No.1 is Guinness Book of World Records Ltd. (hereinafter referred to GWR), formerly known as Guinness Publishing Ltd. It is the publisher of a book known as The Guinness Book of Records (hereinafter referred to as 'the book'). Respondent Nos.3 to 9 are held and/or hold the following position and/or posts in the respondent No.1. Respondent No. and name Position held in the respondent No.1 Respondent No.3 (Samantha Fay) Head of Global sales and marketing Respondent No.4 (Nadine Causoy) Sales and distribution Manager Respondent No.5 (Claire Folkard) Managing Editor Respondent No.6 (Carla Maeson) Editor Respondent No.7 (Rob Dimery) Editor Respondent No.8 (Stewar Newport) Keeper of the Records Respondent No.9 (Bruce Steinberg) Chief Executive of HIT Entertainment