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2000 Supreme(Del) 923

ARUN KUMAR, A.K.SIKRI
P. N. KRISHNA MURTHY – Appellant
Versus
CO-OPERATIVE FOR AMERICAN RELIEF EVERYWHERE – Respondent


Advocates Appeared:
ARJUN PANT, Arun K.Sinha

A. K. Sikri

( 1 ) THESE are two cross appeals filed against judgment and decree dated 4th May, 1998 passed by learned Additional District Judge. By the impugned judgment and decree the two suits of the plaintiff were decreed (one for injunction and the other for damages and rendition of accounts although in the cause title, reference is made to Suit No. 250 of 1990 only) in the following terms:

(1) Consequently, the plaintiff is hereby granted a decree restraining the defendants from infringing the copyright ownership of the plaintiff permanently in any manner.

(2) The defendant Nos. 1 to 6 shall hand over the copies of the infringing Malayalam Edition within two months from today to the plaintiff.

(3) The decree for Recovery or Rs. 2,31,000. 00 (Rs. two lakhs and thirty one thousand) in favour of the plaintiff and against the defendant Nos. 1 to 5 alongwith costs of the suit is also passed with interest at the rate of Rs. 18% p. a. from the date of suit till date of realisation. No decree against defendant No. 6.

(4) No relief against defendant No. 6 and the case against defendant No. 6 shall be deemed to have been dismissed as no cause of action shown against defendant No. 6, so fa































































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