The main legal point established in the judgment is the court's authority to grant ex-parte injunctions to restrain copyright infringement and the consequences of violating such injunctions.

YOGESH KHANNA, J.

IA No.1657/2017 in CS(COMM) 96/2018

1. This application is filed by the plaintiff under Order XXXIX Rule 2A CPC. The plaintiff instituted this suit seeking permanent injunction restraining infringement of copyright, unauthorised and illegal usage, storage, delivery up, rendition of accounts etc. The plaintiff filed an application No.13854/2006 under Order XXXIX Rules 1 and 2 CPC seeking ex-parte injunction restraining the defendant publishing/passing off the copyright work.

2. On this application the Court passed an order dated 13.12.2006 as follows:

“Notice for 16.1.2007.

This is an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure seeking an ad-interim ex-parte injunction order against the defendants from publishing/ passing off the copyrighted works of the plaintiff as their work. The case of the plaintiff is that it is a registered public charitable trust. Its aim and objects are to promote and protect the rights of indigenous and tribal peoples in Asia; providing accurate and timely information to national human rights institutions, the United Nations and its specialised mechanisms; conducting research, campaigning and lobbying on country situations or individual cases; providing legal, political and practical advice to indigenous peoples organisations and doing many other activities relating to the indigenous and tribal peoples in Asia. The plaintiff in this regard has published a book with the title "Racism Against Indigenous Peoples".

It is mentioned at the very opening of the book that copyright of the same rests with "The International Work Group for Indigenous Affairs (IWGIA) and Asian Indigenous and Tribal Peoples Network-(AITPN)" i.e. the plaintiff.

It is alleged that the defendants who are also operating and working in the same field have published a book by the name of "Racial Discrimination: The Record of Bangladesh" and in the said book it has picked up passages from the book of the plaintiff and have incorporated the same in their book without acknowledging that me same have been taken from the book of the plaintiff. To make good the submission, learned counsel for the plaintiff has drawn my attention to some passages appearing at pages 205, 206 and 218 of the plaintiff's book and the incorporation of the same passsages by the defendants in their book at pages 529, 530 and 531. The details n of other offending passages are also mentioned in the plaint. It is submitted by learned counsel for the plaintiff that the defendants are not only indulging in plagiarism but are also infringing the copyright of the plaintiff.

Having regard to the averments made in the plaint, I am of the view that the plaintiff has made out a case for an ex-parte-ad-interim injunction. I, therefore, restrain the defendants from further publishing their books with the title "Racial Discrimination: The Record of Bangladesh" and "The Racial Discrimination: The Record of India" or any other book which contains passages from the book of the plaintiff. Compliance of Order 39 Rule 3 of the Code of Civil Procedure be made within three days.”

3. It is alleged this Court passed an order restraining the defendants from further publishing their books viz. "Racial Discrimination: The Record of Bangladesh" and "Racial Discrimination: The Record of India" or any other book which contain passages from the copyrighted book of the plaintiff.

4. By its Order dated 13.12.2006 passed in IA. No. 13855/2006, this court also appointed a Local Commissioner with a specific direction ... to visit the premises of the defendants ... to seize the books and any other offending material..."

5. In furtherance of this court's Order dated 13.12.2006 the Local Commissioner visited the defendants premises on 18.12.2006 and seized various infringing copies. It is alleged the hard disk of the defendants which contain the copyright violative material falls under the offending material and / or shall constitute an of