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2019 Supreme(Cal) 21

SHEKHAR B.SARAF
MADHUSRI KONAR – Appellant
Versus
NEW CENTRAL BOOK AGENCY PVT LIMITED – Respondent


Advocates:
Advocate Appeared:
Soumya Roychowdhury, Adv., Sarasij Dasgupta, Adv., Dwip Raj Basu, Adv., Sankarsan Sarkar, Adv., Siddhartha Banerjee, Adv., Lalratan Mandal, Adv., Munshi Mijanen Raheman, Adv.

JUDGMENT :

SHEKHAR B. SARAF, J.

1. The present matter relates to an application for amendment of the written statement filed by the defendants. The factual matrix of the case is as follows:

a. The plaintiffs have filed this suit in the month of August, 2016 seeking a decree for various sums of money on account of payment of royalty and compensation.

b. The brief facts in the plaint are that one Dr. Durlav Chandra Dutta, since deceased, was the original owner of the copyright of certain literary works as also various artistic works. Upon his demise, his daughter being the plaintiff no. 1 became the sole owner of the copyright and was, therefore, solely entitled to receive all royalty thereon. The plaintiff no. 2, the husband of plaintiff no. 1 being a well known doctor had edited the literary works and made valuable contributions to several editions of the text books for a number of years. Owing to differences between the plaintiffs and the defendants, the agreement between them allowing the defendants to publish the literary works were terminated and thereafter the suit was filed for recovery of outstanding royalty and compensation.

c. The defendants entered appearance and filed the wri























































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