Supreme Court - Daily Orders
M/S Tri-Star Products Pvt Ltd vs M/S Jagdamba Impex on 8 September, 2014
Bench: Jagdish Singh Khehar, Arun Mishra
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.8593 OF 2014
(Arising out of SLP(C)No.22113 of 2014)
M/S TRI-STAR PRODUCTS PVT LTD .......APPELLANT
VERSUS
M/S JAGDAMBA IMPEX ......RESPONDENT
WITH
CIVIL APPEAL No.8594 OF 2014
(Arising out of SLP(C)No.22304 of 2014)
O R D E R
Leave granted.
Having considered the impugned order, which is interim in
nature, we are of the view that it was not proper for the High
Court to interpret Section 15 of the Copyright Act with reference
to the factual dispute between the parties. Accordingly, while
disposing of the instant appeals, we set aside the observations
recorded by the High Court, with reference to the applicability of
Section 15 of the Copyright Act. It will be open to the trial court
to independently examine the issue, based on the determination of
the relevant facts, between the parties.
We are also satisfied that the observations recorded by
the High Court in paragraph 16 of the impugned order to the effect,
that the suit had been filed on the basis of incorrect legal advice
Signature Not Verified
Digitally signed by
Satish Kumar Yadav
Date: 2014.09.10
were totally unjustified.
15:49:21 IST
Reason: The matter will be examined by the trial
court without reference to the aforesaid determination by the High
Court.
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As noticed hereinabove, our denial for interference is
based on the fact that the impugned order pertains to an interim
claim, raised by the appellant. We would in the aforesaid
situation, consider it just and appropriate to direct the trial
court, to expedite the disposal of the controversy between the
parties, preferably within one year from today.
The respondent is represented before this Court on
caveat. Learned counsel for the respondent states that the cost
imposed on the appellant be waived. Ordered accordingly.
The appeals are disposed of in the above terms.
...........................J.
(JAGDISH SINGH KHEHAR)
...........................J.
(ARUN MISHRA)
NEW DELHI;
SEPTEMBER 8, 2014.
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ITEM NO.30 COURT NO.7 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 22113/2014
(Arising out of impugned final judgment and order dated 05/05/2014
in FAO No. 128/2014 passed by the High Court of Delhi at N. Delhi)
M/S TRI-STAR PRODUCTS PVT LTD Petitioner(s)
VERSUS
M/S JAGDAMBA IMPEX Respondent(s)
With I.A.No.1 (Appln.for permission to file additional documents)
WITH
SLP(C) No. 22304/2014
(With Interim Relief and Office Report)
With I.A.No.1 (Appln.for permission to file additional documents)
Date : 08/09/2014 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE ARUN MISHRA
For Petitioner(s) Mr.Akhil Sibal, Sr.Adv.
Mr.S.K.Bansal, Adv.
Mr.Ajay Amitabh Suman, Adv.
Mr. Rakesh Kumar, Adv.
For Respondent(s) Mr.Chander M.Lall, Adv.
Mr.Rohit, Adv.
Mr.Subhash Bhutoria, Adv.
Mr. N. Ganpathy,Adv.
Upon hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals are disposed of in terms of the signed order.
(SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR (Signed order is placed on the file)