Deepak Kumar Sanyal And Anr vs Naba Kanta Bardoloi And Anr on 8 April, 2019

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Gauhati High Court

Deepak Kumar Sanyal And Anr vs Naba Kanta Bardoloi And Anr on 8 April, 2019

Bench: Prasanta Kumar Deka

                                                                  Page No.# 1/2

GAHC010076032019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Cont.Cas(C) 203/2019

            1:DEEPAK KUMAR SANYAL AND ANR.
            S/O. LATE DILIP KUMAR SANYAL, OWNER OF ASSAM PUBLISHING
            COMPANY, WITH ITS OFFICE AT COLLEGE HOSTEL ROAD, PANBAZAR,
            GHY.- 781001, KAMRUP(M), ASSAM.

            2: SANJAY SANYAL
             S/O. LATE DILIP KUMAR SANYAL
             OWNER OF ASSAM PUBLISHING COMPANY
            WITH ITS OFFICE AT COLLEGE HOSTEL ROAD
             PANBAZAR
             GHY.- 781001
             KAMRUP(M)
            ASSAM

            VERSUS

            1:NABA KANTA BARDOLOI AND ANR.
            RETIRED LECTURER, MORIGAON COLLEGE, R/O PACHATIA, P.O. AND
            DIST.- MORIGAON, ASSAM- 782105.

            2:HAREN KALITA
             C/O M/S KALYANI PUBLISHERS
             SARASWATI MARKET
             JASWANTA ROAD
             PANBAZAR
             GHY
            ASSAM- 781001

Advocate for the Petitioner   : MR. D BARUAH

Advocate for the Respondent :
                                                                                      Page No.# 2/2

                                   BEFORE
                 HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA

                                            ORDER

Date : 08-04-2019 Heard Mr. D. Barua, learned counsel for the petitioner.

The present petitioner is the plaintiff in Title Suit No. 5/2011 under the provision of Copyright Act, 1947 for declaration and injunction. The suit was dismissed and a first appeal was filed in this court u/s 96 of the CPC. The appeal was partly decreed in favour of the petitioner including a decree of permanent injunction. The present respondents are the defendants in the said suit and as per submission of learned counsel for the petitioner that they have violated the restraining order and as such, has filed this contempt petition u/s 11 and 12 of the Contempt of Court's Act, 1971 read with Article 215 of the Constitution of India for initiating the contempt proceeding. This petition is not maintainable inasmuch as alleged violation is against the decree passed by civil court. As such the remedy if there is any, lies under Order 21 of the CPC.

Accordingly, this petition is disposed of with a liberty to the petitioner to file appropriate application under appropriate court if so advised.

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