LAL BABU PRIYADARSHI Vs. BADSHAH INDUSTRIES

JUDGEMENT

(1.) With the consent of the parties , this appeal was finally heard at the stage of hearing of stay matter, and is being disposed of at this stage itself.

(2.) This appeal under Section 72(2) of the Copyright Act, 1957, (hereinafter referred to as 'the Act') has been filed against the order dated 29-9-2000, passed by the Copyright Board (for short 'the Board') at Calcutta, allowing the petition filed by respondent No. 2 for rectification of the Copyright Register by expunging the entry relating to artistic work No. A-J 3875/97, issued in favour of appellant No. 1, Proprietor of Shri Om Perfumery, having its office and business in the town of Patna.

(3.) The appellants filed an appeal against the said order earlier before the High Court of Judicature at Calcutta. An objection was raised on behalf of respondents No. 1 and 2 that the appeal was not maintainable due to lack of territorial jurisdiction. The objection was upheld. Thereafter, the present appeal has been filed.