Prathiba M. Singh, J.

I.A. 5758/2018 (u/O VII Rule 11 CPC)

1. Plaintiff No.1 Mr. R. S. Aggarwal (hereinafter, ‘author’), is an author of mathematics books prescribed for students in schools and colleges, and has authored over 100 academic books. He has also co-authored some books with Plaintiff Nos.2 & 3, who are his brothers and which are prescribed at various levels for the students from pre-primary and post graduate levels.

2. The Defendant No.3, S. Chand Company (hereinafter, ‘publisher’), a publishing house has published various books of the Plaintiffs. There were several agreements entered into between the Plaintiffs and the Defendant No.3 dated 5th January, 1991, 2nd April, 1997, 28th October, 1992 and 28th October, 1997. These agreements are publishing agreements wherein the Defendant No.3 has the right to publish the books as also their translations and adaptations. The authors were to be paid royalty at the rate of 10% of the published prices for all copies of their books sold and value realised. Statement of accounts has to be given annually to the author by May of every year and payment was to be made by September. The publisher had the first option to publish an