Delhi High Court - Orders
M S Repro Books Limited vs Dr. Nidhi Gulati And Anr on 2 May, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 258/2025
M S REPRO BOOKS LIMITED .....Appellant
Through: Mr. J. Sai Deepak, Sr. Adv.
with Mr. Himanshu Satija, Mr. Hemant
Thadhani, Mr. Harshit Khanduja, Mr. Harsh
Saxena and Ms. Ridhi Ranjan, Advs.
versus
DR. NIDHI GULATI AND ANR .....Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
ORDER
% 02.05.2025 CM APPL. 26673/2025 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
RFA(COMM) 258/2025, CM APPL. 26671/2025, CM APPL.
26672/20251. Issue notice, returnable on 21 August 2025.
2. Notice be served on the respondent through learned Counsel who appeared on behalf of the respondents before the learned Commercial Court.
RFA(COMM) 258/2025 Page 1 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 16:43:05
3. Counter-affidavit/reply, if any, be filed within four weeks with an advance copy to learned Counsel for the appellant who may file rejoinder thereto, if any, within four weeks.
4. We have heard Mr. J. Sai Deepak, learned Senior Counsel for some time. The submissions of Mr. J. Sai Deepak are essentially that the appellant was acting on the basis of an agreement entered into with LSI (Lightning Source Inc.) in which LSI represented itself as having been authorised to publish the subject thesis by the publisher, i.e. Haji Publishers, the original publisher of the thesis. Mr. J. Sai Deepak has also drawn our attention to Annexure A-7 to the appeal which, according to him, shows that only one copy of the book was ever published, which was purchased by the plaintiff. He also places reliance, in this context, on Sections 55 and 58 of the Copyright Act, 1957.
5. At this prima facie stage, it is not possible for us to return findings on these aspects as the appellant has been proceeded ex parte on the ground that he never entered appearance before the learned Commercial Court and, therefore, did not need any evidence either. As such, even the agreement on which the appellant places reliance may have to be first proved and the appellant may have to move an application for additional documents before this Court can take into consideration.
6. Without prejudice to the contentions advanced by Mr. J. Sai Deepak and the rights of the appellant in this appeal, therefore, we RFA(COMM) 258/2025 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 16:43:05 deem it appropriate while issuing notice on the appeal, to grant stay of execution of the impugned judgment and decree conditional on the appellant depositing the damages of ₹10 lakhs in two equal instalments at the intervals of three months each, i.e. the entire amount having to be deposited within a period of six months.
7. This shall not preclude the appellant from moving an application before the learned Commercial Court under Order IX Rule 13 of the Code of Civil Procedure, 1908 if so advised.
8. Both sides are directed to place on record short notes of their respective submissions not exceeding four pages each after exchanging copies with each other at least a week in advance of the next date of hearing.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
MAY 2, 2025 gs Click here to check corrigendum, if any RFA(COMM) 258/2025 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/06/2025 at 16:43:05