Delhi High Court - Orders
Act) Court Fee) Aude Priya Donatelle ... vs Pan Macmillan Publishing India Pvt. ... on 23 December, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 568/2020
I.A.12618/2020 (under Order XXXIX Rule 1 and 2 CPC)
I.A.12619/2020 (under Order XI Rule 11 & 14 Commercial Court
Act)
I.A.12620/2020 (under Order II Rule 2 CPC)
I.A.12621/2020 (exemption from attested affidavit)
I.A.12622/2020 (under Section 148 CPC enlargement of time to file
court fee)
AUDE PRIYA DONATELLE
WACZIARG EPENGEL & ORS. ...... Plaintiff
Represented by: Mr.Ashish Dholakia, Advocate with
Ms.Swathi Sukumar, Ms.Nidhi
Mohan Parashar, Mr.Rohan Chawla
and Mr.Sajal Manchanda, Advocates
versus
PAN MACMILLAN PUBLISHING
INDIA PVT. LTD. & ORS. ...... Defendant
Represented by: Mr.Ratneswar Das, Advocate for D1
Mr.D.P.Singh, Advocate for D2
Mr.Ashish Verma, Advocate for D3
Mr.Maanav Kumar, Advocate with
Ms.Nupur, Advocate for D4-Amazon
Mr.Jasmeet Singh, Advocate for D6
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 23.12.2020 The hearing has been conducted through video conferencing. I.A. 12622/2020 (for extension of time to file Court fees) Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 568/2020 PageGUPTA MUKTA 1 of 4 Signing Date:24.12.2020 11:11:51
1. Learned counsel for the plaintiffs at the outset states that the Court fee has since been filed and he seeks leave to withdraw the application.
2. Application is dismissed as withdrawn.
I.A. 12621/2020 (for exemption from attested affidavit)
1. By this application, the plaintiffs seek exemption from filing the apostilled affidavits bearing signatures of the plaintiff No.2.
2. Apostilled affidavits bearing signatures of the plaintiff No. 2 be filed within thirty days.
3. Application is disposed of.
CS(COMM) 568/2020 I.A.12619/2020 (under Order XI Rule 11 & 14 Commercial Court Act) I.A.12620/2020 (under Order II Rule 2 CPC)
1. Plaint be registered as a suit.
2. Issue summons in the suit and notice in the applications to the defendants.
3. Learned counsels appearing for the defendant Nos.1, 2, 3, 4 and 6 accept summons in the suit and notice in the applications.
4. Summons in the suit and notice in the applications be now issued to the defendant No. 5 through Email, SMS, Whatsapp, Speed Post and Courier, returnable before this Court on 15th April, 2021.
5. Written statements to the suit and reply affidavits to the applications along with the affidavits of admission-denial be filed within thirty days. Replication and rejoinder affidavit along with the affidavit of admission- denial within three weeks thereafter.
Signature Not Verified Digitally Signed By:JUSTICECS(COMM) 568/2020 PageGUPTA MUKTA 2 of 4 Signing Date:24.12.2020 11:11:51
6. Learned counsel for the defendant No. 4- M/s Amazon Seller Services Pvt. Ltd. states that the defendant No. 4 will abide by any directions passed by this Court, however, the defendant No. 4 is not a necessary party and thus be deleted from array of parties. Necessary orders in this regard will be passed on the next date of hearing.
I.A.12618/2020 (under Order XXXIX Rule 1 and 2 CPC)
1. Notice.
2. Learned counsels appearing for the defendant Nos.1, 2, 3, 4 and 6 accept notice in the application.
3. Notice in the application be now issued to the defendant No. 5 through Email, SMS, Whatsapp, Speed Post and Courier, returnable before this Court on 22nd January, 2021.
4. Reply affidavit be filed within two weeks. Rejoinder affidavit within one week thereafter.
5. The present suit has been filed by the daughter and ex-wife of Late Mr. Francis Wacziarg, inter alia, alleging the violation of the copyright, breach of the privacy as also defamation by a book authored by the defendant No.2, published by defendant No.1, primarily based on the letters written between Late Mr. Francis Wacziarg and defendant No.3, thereby, adversely not only affecting the reputation and goodwill of Late Mr. Francis Wacziarg but his legal heirs i.e. the plaintiff No. 1 and defendant No.6 as also intrusion and violation of the privacy of the plaintiff No. 2 during the subsistence of marriage with Late Mr. Francis Wacziarg.
6. After arguments were addressed by the learned counsels for the plaintiffs and on his turn, learned counsel for the defendant No.1 states that upon receipt of the notice on behalf of the plaintiffs, the defendant No.1- Signature Not Verified Digitally Signed By:JUSTICE
CS(COMM) 568/2020 PageGUPTA MUKTA 3 of 4 Signing Date:24.12.2020 11:11:51 publisher has recalled the book(s) from its distributors. It is further stated that the defendant No.1 has also written to defendant No. 4-M/s Amazon Seller Services Pvt. Ltd. to delist the book from its platform from being sold.
7. Learned counsels for the plaintiffs however state that the book is still available for listing on the platform of defendant No.4.
8. Consequently, on the plaintiffs informing the URLs to the defendant No. 4, defendant No.4 is directed to delist the book from its platform being available for sale within 12 hours of the receipt of said URLs.
9. Learned counsel for the defendant No. 2 states that till the next date of hearing before this Court, defendant No. 2 who is the author of the book will not proceed ahead with further selling the book(s).
10. Defendant Nos. 1 and 2 will be bound by the statements made on their behalf by the learned counsels for the respective defendants.
11. Learned counsel for the defendant No. 2 states that they will intimate to the defendant No. 4-M/s Amazon Seller Services Pvt. Ltd. within six hours today itself for taking down the listing of the book. On a request made by the defendant No.2 to the defendant No. 4 for taking down the listing of the impugned book for sale, the same will be taken down by the defendant No.4 within 12 hours thereof.
12. Copy of the order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 23, 2020 akb Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 568/2020 PageGUPTA MUKTA 4 of 4 Signing Date:24.12.2020 11:11:51