Madras High Court
G.K.Vijayaraghavan vs ) A.Ramesh on 2 August, 2018
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2018
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No. 898 of 2016
O.A.No.1073 of 2016
A.No.2503 of 2018
O.A.No.348 of 2018
In
Tr.C.S.No.141 of 2018
Tr.A.No.3086 of 2018
Tr.C.S.No.142 of 2018
O.A.No.348 of 2018
A.Nos.3136 & 3137 of 2018
Tr.C.S.Nos.143 & 144 of 2018
O.A.No.357 of 2018
A.Nos.3132 & 3133 of 2018
Tr.C.S.No.145 of 2018
O.A.No.358 of 2018
A.Nos.3134 & 3135 of 2018
Tr.C.S.No.146 of 2018
O.A.No.346 of 2018
A.Nos.3082 & 3083 of 2018
Tr.C.S.No.147 of 2018
C.S.No.898 of 2016:
G.K.Vijayaraghavan
Represented by his Power Agent,
A.Durai ... Plaintiff
Vs.
1) A.Ramesh
2) A. Ramakrishnan ... Defendants
Tr.C.S.Nos.141 to 146 of 2018:
A.Ramakrishnan ... Plaintiff in Tr.C.S.Nos.141 to 143 of 2018
A.Ramesh ... Plaintiff in Tr.C.S.Nos.144 to 146 of 2018
Vs.
1) G.K.Vijayaraghavan ... 1st Defendant in all Tr.C.S.Nos.
2) N.Aravind ... 2nd Defendant in Tr.C.S.No.141 of 2018
R.Rajappan ... 2nd Defendant in Tr.C.S.Nos.142,144 &
145 of 2018
S.Vishnupriyan ... 2nd Defendant in Tr.C.S.No.143 of 2018
S.Sundaravalli ... 2nd Defendant in Tr.C.S.No.146 of 2018
3) Nirmala Durai ... 3rd Defendant in all Tr.C.S.
4) A.Durai ... 4th Defendant in all Tr.C.S.
Prayer in C.S. No.898 of 2018:
Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 C.P.C read with Section 61 of the Copyrights Act.
(a) For a permanent injunction restraining the defendants their men, agent servants or any person claiming through them or claiming under them from making any groundless legal threat; (b) For a permanent injunction restraining the defendants their men, agent, servant or any person claiming through them or claiming under them from publishing the books as mentioned in the schedule to the plaint in violation of the copyrights of the plaintiff; (c) For costs of the suit.
Prayer in Tr.C.S. No.141 of 2018:
Plaint filed under Sections 55, 56, 58 & 62 of the Copyright Act, 1957 read with Order VII Rules 1 and 2 of CPC. (a) declaring that the plaintiff is the copyright owner having exclusive rights to publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Applied Hydraulic Engineering, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (b) permanent injunction restraining the defendants, their men, agents, representative and every other person claiming through them from in any manner publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Applied Hydraulic Engineering, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University.
(c) pay costs of the suit.
Prayer in Tr.C.S. No.142 of 2018:
Plaint filed under Sections 55, 56, 58 & 62 of the Copyright Act, 1957 read with Order VII Rules 1 and 2 of CPC. (a) declaring that the plaintiff is the copyright owner having exclusive rights to publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Manufacturing Technology-I, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (b) permanent injunction restraining the defendants, their men, agents, representative and every other person claiming through them from in any manner publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Manufacturing Technology-I, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University.
(c) pay costs of the suit.
Prayer in Tr.C.S. No.143 of 2018:
Plaint filed under Sections 55, 56, 58 & 62 of the Copyright Act, 1957 read with Order VII Rules 1 and 2 of CPC. (a) declaring that the plaintiff is the copyright owner having exclusive rights to publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Thermal Engineering, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (b) permanent injunction restraining the defendants, their men, agents, representative and every other person claiming through them from in any manner publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Thermal Engineering, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (c) pay costs of the suit.
Prayer in Tr.C.S. No.144 of 2018:
Plaint filed under Sections 55, 56, 58 & 62 of the Copyright Act, 1957 read with Order VII Rules 1 and 2 of CPC. (a) declaring that the plaintiff is the copyright owner having exclusive rights to publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Metrology and Measurements, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (b) permanent injunction restraining the defendants, their men, agents, representative and every other person claiming through them from in any manner publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, zMetrology and Measurements, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (c) pay costs of the suit.
Prayer in Tr.C.S. No.145 of 2018:
Plaint filed under Sections 55, 56, 58 & 62 of the Copyright Act, 1957 read with Order VII Rules 1 and 2 of CPC. (a) declaring that the plaintiff is the copyright owner having exclusive rights to publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Manufacturing Technology-II, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (b) permanent injunction restraining the defendants, their men, agents, representative and every other person claiming through them from in any manner publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Manufacturing Technology-II, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (c) pay costs of the suit.
Prayer in Tr.C.S. No.146 of 2018:
Plaint filed under Sections 55, 56, 58 & 62 of the Copyright Act, 1957 read with Order VII Rules 1 and 2 of CPC. (a) declaring that the plaintiff is the copyright owner having exclusive rights to publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Mechanics of Fluids, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (b) permanent injunction restraining the defendants, their men, agents, representative and every other person claiming through them from in any manner publishing, marketing, promoting and/or selling, including digital, physical or in any other format, the book on the subject or under the title, Mechanics of Fluids, more particularly described in the Schedule hereunder until there is a syllabus change in the said subject by Anna University. (c) pay costs of the suit.
For Plaintiffs : Mr.G.Suryanarayanan
For Defendants : Ms.M.Vidya
C O M M O N J U D G M E N T
C.S.No.898/2016 has been filed taking advantage of Section 61 of the Copyright Act and also the relevant provisions of the Original Side rules and the Code of Civil Procedure, seeking an order of permanent injunction restraining the defendants or anybody acting under them from making any groundless legal threat and also from publishing the books mentioned hereunder:-
1. Manufacturing Technology II for B.E. IV Semester Mechanical Engineering.
2. Mechanics of Fluids for B.E. III Semester Civil Engineering.
3. Metrology and measurements for B.E. V semester Mechanical and Automobile Engineering.
4. Thermal Engineering for B.E. IV semester Mechanical Engineering.
5. Applied Hydraulic Engineering for B.E. IV Semester Civil Engineering.
6. Manufacturing Technology I for B.E. III Semester Mechanical Engineering.
2. It is the claim of the plaintiff that he is the Author of several books and also worked as a Professor and principle advisor, in various colleges of Engineering in Tamil Nadu. He had authored the following Books:-
4. Thermal Engineering for B.E. IV semester Mechanical Engineering.
5. Applied Hydraulic Engineering for B.E. IV Semester Civil Engineering.
6. Manufacturing Technology I for B.E. III Semester Mechanical Engineering. The 1st defendant was authorized to publish the above books on a year to year basis.
3. The plaintiff had also authored the following books.
1. Manufacturing Technology II for B.E. IV Semester Mechanical Engineering.
2. Mechanics of Fluids for B.E. III Semester Civil Engineering.
3. Metrology and measurements for B.E. V semester Mechanical and Automobile Engineering.
4. The 2nd defendant was authorized to publish the said books on payment of royalty. These books were permitted to be published from 2008 till 2015 on a year to year basis. It was then informed on 12.08.2016, that all these books were being withdrawn and revised copies of the books would be published through Lakshmi Publications for the academic year 2015 2016.
5. The plaintiff claimed that the defendants had sent Emails, protesting the said decision taken by the plaintiff. Claiming that the defendants have no right to continue to publish any of the books, the suit had been instituted seeking permanent injunction of protection from groundless threat and also protection from infringement and also from publishing the books. These disputes arose under the Copyright Act and consequently this Commercial Division has jurisdiction to examine the issues raised.
6. Very fortunately, this court was assisted by the learned Counsel for the plaintiff Mr.G.Suryanarayanan, and by the learned Counsel for the defendants Ms.M.Vidya, who through their good offices settled the issues between their respective clients. Pursuant to such settlement, an affidavit dated 02.07.2018 was presented before this court. The 1st defendant had stated that in respect of the following books, the Anna University had changed the syllabus and he would not publish them.
1. Manufacturing Technology II for B.E. IV Semester Mechanical Engineering.
2. Mechanics of Fluids for B.E. III Semester Civil Engineering.
4. Thermal Engineering for B.E. IV semester Mechanical Engineering.
5. Applied Hydraulic Engineering for B.E. IV Semester Civil Engineering.
6. Manufacturing Technology I for B.E. III Semester Mechanical Engineering.
7. It must also be mentioned that the defendants had filed O.S.Nos.41 46 of 2017, with respect to the same books before the District Court, Chengalpattu, for declaration and permanent injunction in respect of the said books. All the suits have been transferred to this court and re-numbered as Transfer C.S.Nos.141 of 2018 147 of 2018. Along with the affidavit dated 02.07.2018, cheques were also enclosed towards payment of the royalty amount. This had also been accepted by the learned Counsel for the plaintiff, the suits in Transfer C.S.Nos.141 - 143 of 2018 and Transfer C.S.Nos.145 146 of 2018 consequently became infructuous. Subsequently, another affidavit dated 02.08.2018 has been filed by the 1st defendant in which he had stated that insofar as the 3rd book was concerned namely Metrology and measurements for B.E. V semester Mechanical and Automobile Engineering. he would publish the same till 31.12.2018, and would desist from publishing it from 01.01.2019. To that extent, Transfer C.S.No.144 of 2017 would become infructuous as and from 31.12.2018. It must also be mentioned that both the defendants are brothers and consequently though the affidavits had been filed only by the 1st defendant, there is an averment that it would also bind the 2nd defendant.
8. The affidavits dated 02.07.2018 and 02.08.2018 are to form part of the decre.
(i) The affidavit dated 02.07.2018 is as follows:-
1. I am the 1st defendant herein and I am well acquainted with the facts and circumstances of the case. I am filing this affidavit on behalf of the 2nd defendant, my brother as well.
2. I submit that my brother, the 2nd defendant herein and myself had filed suits, O.S.No.41 to 46 on the file of the District Court, Chengelpattu for declaration and permanent injunction in respect of 6 text books that is also the subject matter of the above suit. The said suits have been transferred to the file of this Hon'ble Court.
3. I submit that in respect of the following books Anna University has changed its regulation and hence the suit O.S.No.41 to 43 of 2017 and suit, O.S.No.45 to 46 of 2017 have been infructuous.
a) Applied Hydraulic Engineering
b) Manufacturing Technology I
c) Thermal Engineering
d) Manufacturing Technology II
e) Mechanics of Fluids
4. I submit that I am herewith enclosing the accounts and paying the royalty to the joint authors, being defendants 1 and 2 in the suits filed by me. It is pertinent to point out that even earlier during the pendency of the above suit, as per our usual practice we had paid royalty to the joint authors, however they had returned the same for reasons best known to them.
5. I submit that what is stated above in paragraphs 1 to 4 is true.
(ii) The affidavit dated 02.08.2018 is as follows:-
1. I am the 1st defendant herein and I am well acquainted with the facts and circumstances of the case. I am filing this affidavit on behalf of my brother, the 2nd defendant as well.
2. I submit that my brother, the 2nd defendant and I filed suits, O.S.Nos.41 to 46 of 2017 on the file of the District Court, Chengalpattu for a declaration and permanent injunction in respect of copyrights in the 6 text books, that is also the subject matter of and is set out in the Schedule to the above suit, C.S.No.898 of 2016. The suits O.S.Nos.41 to 46 of 2017 have been transferred to the file of this Hon'ble Court.
3. I submit that in respect of text book Metrology and Measurements, authored by Mr.G.K.Vijayaragahavan and R.Rajappan, published by me and subject matter of suit O.S.No.44 of 2017(as numbered on the file of the District Court, Chengalpattu), I undertake not to publish, market or otherwise sell the said book with effect from 01/01/2019 as Anna University has announced a change in the Regulation from the next semester commencing from January, 2019 in respect of the said subject.
Therefore the above suit, O.S.No.44 of 2017 filed by me will become infructuous as of 31/12/2018.
4. I further submit that I have already paid the upto date royalty in respect of all the suit schedule books to the respective authors including the plaintiff and same has also been admitted and acknowledged by the plaintiff as proper.
9. In view of the affidavits, nothing survives in C.S.No.898 of 2016 and the said suit is dismissed. However, the plaintiff is given liberty to file necessary application to revive the suit, since the dismissal is on the basis of an affidavit filed by the defendants, if the defendants violate the terms of the affidavit dated 02.08.2018. Again in view of the affidavit dated 02.07.2018 Transfer C.S.Nos.141 143 of 2018 and Transfer C.S.Nos.145 and 146 of 2018 also become infructuous and are dismissed. Transfer C.S.No.144 of 2018 is also dismissed. No costs
10. However, if the undertakings given in the affidavits filed by the defendants are violated, it is again reiterated, that the plaintiff in C.S.No.898 of 2016, would have the liberty to revive the suit. The plaintiff in Transfer C.S.No.144 of 2018 would have the right to continue to publish the book from 03.08.2018 to 31.12.2018. Royalty is also to be paid in respect of the said 3rd book Metrology and measurements for B.E. V semester Mechanical and Automobile Engineering. till 31.12.2018.
02.08.2018 (=) msvm Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No C.V.KARTHIKEYAN, J msvm C.S.No. 898 of 2016 O.A.No.1073 of 2016 A.No.2503 of 2018 O.A.No. 348 of 2018 In Tr.C.S.No.141 of 2018 Tr.A.No. 3086 of 2018 Tr.C.S.No.142 of 2018 O.A.No. 348 of 2018 A.Nos. 3136 & 3137 of 2018 Tr.C.S.Nos. 143 & 144 of 2018 O.A.No. 357 of 2018 A.Nos. 3132 & 3133 of 2018 Tr.C.S.No. 145 of 2018 O.A.No. 358 of 2018 A.Nos. 3134 & 3135 of 2018 Tr.C.S.No. 146 of 2018 O.A.No. 346 of 2018 A.Nos. 3082 & 3083 of 2018 Tr.C.S.No. 147 of 2018 02.08.2018