(April 27, 1983) 1983 (TLS)124453

1983-AIR (Del)-0-461

K. P. M. SUNDHRAM Vs. Rattan Prakashan Mandir

S. S. CHADHA

( 1 ) THE plaintiff has instituted the present suit against defendants 1 to 3 for injunction, restraining them from printing, publishing and selling the specified books, rendition of accounts for the illegal gains made by the defendants for all unauthorised publications and for damages under the provisions of Ss. 55 and 57 of the Copyright Act, 1957 (for short called the Act ).

( 2 ) THE claim of the plaintiff in the suit in the nutshell is that he is a reputed author of the works known as:

(A) Principles of Economics in English and in Hindi (jointly with Prof. M. C. Vaish ). (b) Text Book of Economics Theory in English. (c) Public Economics and Public Finance in English (jointly with Prof. K. K. Andley ). (d) Theory of Income. Price and Growth in English. (e) Aye Thatha Mulya Sidhant in Hindi (jointly with Prof. M. C. Vaish and Prof. Rudra Dutt ). (f) Public Economics and Public Finance in Hindi (Jointly with Prof. K. K. Andley and Prof. R. C. Aggarwal ).

( 3 ) IT is pleaded that the plaintiff had merely granted a licence to defendants 1 to 3 as publishers and printers to publish, and print, the aforementioned books under the written agreement dated March 21, 1959, for the work at Sl. No. (a) and the Hindi version under the agreements dated Dec. 2, 1962 and Oct. 8, 1963 and Jan. 9, 1964 in respect of the books mentioned at Sl. Nos. (b) to (c) respectively and the other three books were being printed and published without any agreement. The aforesaid agreements had subsequently been terminated on April 17, 1973 and thus the Printers and publishers are not entitled to print or publish the books and accordingly a prayer is made in the suit for a decree for an injunction restraining the defendants from printing publishing or selling copies of the books. The plaintiff also claims a decree against defendants 1 to 3 for rendition of accounts of the illegal gains made by defendants 1 to 3 for all the unauthorised publications. The plaintiff also claims an award of damages of Rs. 10,000 for the loss of reputation suffered by the plaintiff.

( 4 ) IT is also stated in the plaint that after the termination of the agreements on April 17, 1973, the plaintiff filed a suit, being Suit No. 172-A of 1973 in this Court praying for the filing of the arbitration agreement between the parties and for reference of the disputes to arbitration including the claim of the plaintiff for payment of the royalty in respect of the books mentioned at Sl. Nos. (a) to (c) above for the period of three years prior to the termination of the agreements. The arbitration proceedings have ended into an award which has been filed in this. court and objections for setting aside the award have been filed. They are pending in Suit No. 1211a of 1981 and O. M. P. No. 80 of 1978. The plaintiff has also filed another suit for injunction and rendition of accounts from April 17, 1973 to April 1976 for the illegal publication and sale of the books after the termination of the agreements, being Suit No. 133 of 1977. Issues have been framed in that suit but the evidence has yet to tee recorded. The plaintiff has filed yet another suit being Suit No. 67 of 1980 for injunction and rendition of accounts for the illegal publication and sale of the books by defendants 1 to 3 for the period April 1976 to April 1979.

( 5 ) IN the present suit the plaintiff alleges that he has now noticed the gross violation of the copyright of the plaintiff by defendants 1 to 3. Allegations are made in the plaint of the suit that defendants 1 to 3 have changed the title of the original works, made a distortion and mutilation of the work of the plaintiff and co-authors prejudicial to their reputation and that the plaintiff never gave any authority to defendants 1 to 3 to print and publish the books in this manner. The details of infringement and the violation of the copyright of