Delhi High Court - Orders
Pearson Education Inc vs S.M.Saifullah And Ors on 6 July, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 392/2018
PEARSON EDUCATION INC. ..... Plaintiff
Through: Ms. Jyoti Taneja, Advocate.
(M:9999500069)
versus
S.M.SAIFULLAH AND ORS. ..... Defendants
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 06.07.2022
1. None appears for the Defendants. Even on the last three occasions, there has been no appearance on behalf of the Defendants. Ms. Jyoti Taneja, ld. Counsel appearing for the Plaintiff submits that the suit was initially filed against the four Defendants. The case of the Plaintiff is that the Defendants have infringed the copyright of the Plaintiff by reproducing substantial and essential extracts including texts, illustrations, diagrams from the Plaintiff's copyrighted works and incorporating the same in their own publications. Defendant No.1- S.M. Saifullah is the publisher of the allegedly infringing works. Whereas, Defendant No. 2- P. Niranjan Reddy, Defendant No.3- M.V. Subramanyam, and Defendant No.4- S. Ruprani are the authors of the impugned works.
2. Insofar as Defendant Nos. 2 and 3 are concerned, the said Defendants had acknowledged the rights of the Plaintiff and had tendered an unconditional apology. Vide order dated 20th February, 2008, the application Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:08.07.2022 11:55:06 under Section XXIII Rule 3 CPC jointly filed by Plaintiff and Defendant Nos. 2 and 3 was allowed and a compromise decree was passed in terms of prayer clause 26(a). Insofar as Defendant No.4 is concerned, the said Defendant was proceeded ex parte vide order dated 3rd November, 2008.
3. Since none appears for Defendant No.1, one last and final opportunity is granted to Defendant No.1 to appear in this matter as the said Defendant appears to have contested this suit on several occasions both before ld. Single Judge and before ld. Division Bench.
4. The Registry to give intimation to Mr. Kamran Malik, ld. Counsel for Defendant No.1 at his address 20, Basement Masih Garh, Near Sukhdev Vihar, New Delhi-110025 as also on his Mobile: 9811294262. It is clarified that no further notice shall be given in this matter.
5. If there is no appearance on behalf of Defendant No.1 on the next date of hearing, the Court would proceed further in hearing the matter.
6. On the next date, let the physical record be sent to the Court.
7. List on 23rd September, 2022.
PRATHIBA M. SINGH, J.
JULY 6, 2022 dj/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:08.07.2022 11:55:06