Calcutta High Court
Abp Private Limited vs Media Research Users Council on 21 November, 2008
Author: Patherya
Bench: Patherya
GA No. 3729 of 2008
CS NO.242 OF 2008
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ABP PRIVATE LIMITED Plaintiff/Petitioner/Applicant
Versus
MEDIA RESEARCH USERS COUNCIL Defendant/Respondent
MR.ANINDYA MITRA,SR.ADVOCATE WITH MR.TILAK BOSE,ADVOCATE APPEAR BEFORE:
The Hon'ble JUSTICE PATHERYA Date : 21st November, 2008.
The Court : In a suit for mandatory injunction restraining the defendant from releasing and/or publishing any data concerning the plaintiff's magazine "Businessworld" on the basis of the methodology followed by it, this interim application has been filed seeking interim reliefs.
The case of the petitioner is that a readership survey is carried out by the defendant to ascertain popularity of a magazine. One of such magazine of which research is being effected is "Businessworld", a weekly magazine published by the petitioner. The methodology adopted for carrying out such survey is incorrect vis-à-vis the petitioner's weekly magazine and fortnightly business magazine of other publishing houses.
The incorrect methodology adopted was brought to the notice of the defendant and the same has been admitted by its electronic mail dated 23rd October, 2008. Therefore, the petitioner seeks an 2 order of injunction restraining the respondent from releasing and/or publishing the readership data of the petitioner's weekly magazine "Businessworld" for the year 2007-2008.
According to counsel for the petitioner it is quite possible that the same may have been released or is to be released through compact disc circulated amongst companies. Therefore an order of injunction be also granted restraining the respondent from circulating such compact disc as its circulation may affect the advertisement, which the magazine receives.
No notice of this application has been served on the respondent as the petitioner apprehends that upon receipt of notice there is every possibility of the data being released and compact disc being circulated both of which will be prejudicial to its interest.
Having considered the facts of the case, there will be an order in terms of prayer (d) of the Notice of Motion till 1st December, 2008. The respondent is restrained from circulating the compact disc relating to the petitioner's weekly magazine "Businessworld" till 1st December, 2008. The petitioner is directed to serve a copy of this application along with the order passed this day on the respondent. The respondent will be at liberty to seek variation and/or vacating of the order passed.
Matter is made returnable on 28th November, 2008. The petitioner will be at liberty to communicate this order to the respondent by facsimile message.
All parties concerned are to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) sb/