BHUPEN MAHAPATRA Vs. BIJOY KISHORE PATRA

JUDGEMENT

(1.) The case in brief is that the complainant claims that he is a renouned writer. He handed over two manuscripts "apurba PURBA" and "hatira HISTORY" for publication to respondent (O. P.) i. e. proprietor, Orissa Book Store, Binod Bihari Cuttack-2, Orissa, at Rourkela Book Fair on 22.2.1997. The respondents are publishers, seller of books but in the year 1999 the publisher publish only "apurba PURBA" and did not published the other book. The appellant/complainant alleged that the publisher did not pay the royality as agreed to by the respondents. This case arises due to non-payment of royalties and for non-publication of books in time.

(2.) The respondents i. e. publishers in the written statement raised objection about maintainability of the dispute case. But it is admitted fact that the respondents are the publishers and the complainant is a writer. The writer/appellant paid Rs.3,000/- by demand draft bearing No.0498373 dated 16.6.1999 on Bank of India along with a letter to the publishers on date 17.6.2000.

(3.) The manuscript of "hatira HISTORY" remained with the publishers up to 11.7.2000 and after so many letters the publishers returned the manuscripts "hatira HISTORY" on 11.7.2000 along with the Bank Draft Rs.2,000/- vide TT/l No.210113 of UCO Bank with regret letter and the balance of Rs.1,000/- is lying with the publishers.