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2023 Supreme(Bom) 1632

N. J. JAMADAR
Manya Vejju @ MV Kasi – Appellant
Versus
Sapna Bhog – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hiren Kamod with Mr. Aatir Saiyed i/by Khurana and Khurana
For the Respondent: Mr. Amit A. Patil with Ms. Samruddhi Bendbhar i/by Ms. Anitha Krishnamurthy and Parinam Law Associates

JUDGMENT :

1. This appeal is directed against an order dated 21 February 2023 passed by the learned District Judge on an application (Exhibit 5) in Civil Suit No.19 of 2022 whereby the learned District Judge was persuaded to restrain the Appellant-Defendant from, either directly or indirectly, in any form, publishing or making any statement alleging copyright infringement against the Plaintiff and also from publishing defamatory statements alleging copyright infringement against the Plaintiff, and also from extracting, excerpting, mutilating any part of the Plaintiff’s Literary Work and publishing the same, till the disposal of the suit, which has been instituted for restraining the Appellant-Defendant from giving groundless threat of legal proceeding alleging infringement, under Section 60 of the Copyright Act, 1957.

2. The backgrounds facts leading to this appeal can be stated, in brief, as under :

2.1 The Plaintiff is an author and has been self-publishing literary works under her own name “Sapna Bhog” in the romance genre. The Plaintiff has been self-publishing her works on the Amazon Kindle platform since the year 2019. On account of her original authorship of various forms of li

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