SUBODH KAPOOR Vs. R R SHARMA

JUDGEMENT

(1.) THE first point taken in this Revision Petition is that the order passed by the State Commission is a nullify because it has not been signed by all the Members of the Commission. We have looked into the record. We have also seen the certified copy of the order which has been annexed to the petition filed before us. We are satisfied that the order was duly signed by all the Members on 31.1.1995. In fact, it is also corroborated by the order sheet of me State Commission which was placed before us. Another point was sought to be raised that this case relates to publication of a book. It has been recorded in the order by the State Commission that Dr. R.R. Sharma, a former Professor and Head of the Biophysis Department, P.G.I., Chandigarh, published a couple of books known as Molecular Homeopathy and Unified Physical Theory. There were agreements of publication pertaining to royalty etc. dated 8.12.1983 and 27.7.1989 executed by Mr. Subodh Kapoor and Smt. Rani Kapoor the publishers known as Cosmo Publications, Ansari Road, Darya Ganj, New Delhi. However, the publishers failed to make proper payment. The author claimed a sum of Rs. 37,775/ - as arrear of royalty and damage to the tune of Rs. 1,50,000/ -. Inspite of service the Publishers did not appear before the District Forum. After recording evidence the District Forum ordered that a sum of Rs. 37,775/ - should be paid by the Publisher together with interest @ 18% p.a., as regards compensation a nominal sum of Rs. 1,000/ - was allowed.

(2.) THE Publisher preferred an appeal which was barred by limitation. The application for condonation of delay was not allowed by the State Commission. On review of the facts the Appellate Authority declined to condone the delay in presenting the appeal. Condonation of delay is a matter of discretion. There is no reason why we should interfere with the exercise of jurisdiction by the Appellant Authority.

(3.) THE Publisher has failed to prefer an appeal against the Order of the District Forum in time. His plea is that since the order was without jurisdiction he is entitled to come up in appeal whenever he likes. To uphold this contention will amount to nullify the provisions of Section 15 of the Act which lays down the period of limitation for preferring an appeal. Even the question of lack of jurisdiction has to be taken in appeal in accordance with law.