Madras High Court
M/S.Bharat Scans Pvt. Ltd vs Dr.D.Karthikeyan on 26 April, 2022
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
C.S.No.516 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.516 of 2008
M/s.Bharat Scans Pvt. Ltd.,
No.197, Peters Road,
Royapettah,
Chennai - 600 114. ... Plaintiff
Vs.
1. Dr.D.Karthikeyan,
2. M/s.Jaypee Brothers Medical Publishers (P) Ltd.,
B-3 EMCA House,
23/23B, Ansari Road,
Daryaganj, New Delhi,
Having branch at :
282, III Floor, Khaleel Shirazi Estate,
Fountain Plaza, Pantheon Road,
Egmore, Chennai - 600 008. ... Defendants
Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule
1 CPC, read with Sections 51, 55, 58 and 62 of the Copy Rights Act 1957,
praying for a judgment and decree as follows :
a) A perpetual injunction restraining the defendants, their distributors,
stockist, servants, agents, retailers, representatives, publishers, franchisees,
assignees, printers or any other person claiming under or through them from in
any manner committing acts of copyright infringement by publishing, printing,
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C.S.No.516 of 2008
stocking, selling, offering for sale, either directly or indirectly, any of the
plaintiff's cardiac images, readings, interpretations, including by the book titled
'Multidetector Coronary CT Angiography - Principles, Practice and
Applications' or in any other manner whatsoever,
aa) Grant a perpetual injunction restraining the respondents, their
distributors, stockists, servants, agents, retailers, representatives, publishers,
franchisees, assignees, printers or any other person claiming under or through
them from in any manner committing breach of the plaintiff's commercial
secrecy or using or divulging any of the confidential information, including the
cardiac images in the plaintiff's compilation and / or manuscript filed as Plaint
Document No.1, by publishing, printing, stocking, selling, offering for sale,
either directly or indirectly including by the book titled 'Multidetector Coronary
CT Angiography - Principles, Practice and Applications' or in any other manner
whatsoever.
(Amended as per order dated 01.07.2009 in Application No.2718 of
2009 in C.S.No.516 of 2008)
b) The defendants be ordered to surrender to plaintiff for destruction of
all books, printed material, labels, dyes, blocks, moulds, screen prints, packing
materials and other materials containing any of the plaintiff's cardiac images,
readings, interpretations.
c) A preliminary decree be passed in favour of the plaintiff directing the
defendants to render true and proper accounts of sales made by sale of the
infringing book titled 'Multidetector Coronary CT Angiography - Principles,
Practice and Applications' and other infringing materials and a final decree be
passed in favour of the plaintiff for the amount of sales generated found to have
been made by the defendants after the latter have rendered accounts.
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C.S.No.516 of 2008
d) The defendants be ordered and decreed to pay to the plaintiff a sum
of Rs.2,00,00,000/- as damages for the loss suffered by the plaintiff on account
of the acts of copyright infringement as detailed herein above, committed by
the defendants.
e) for costs of the suit.
For Plaintiff : Mr.R.Parthasarathy
For D1 : Mrs.L.Maithili
For D2 : M/s.Sampath Kumar Associates
JUDGMENT
A Joint Memo of Compromise has been filed dated 22.04.2022, which has been signed by the Managing Director of the Plaintiff, first defendant, Director of the second defendant, learned counsel for the plaintiff and learned counsel for the defendants.
2. The terms of the Joint Memo of Compromise are as follows :
“1. The present suit has been filed by the plaintiff against the defendants seeking the following relief :
a) A perpetual injunction restraining the defendants, their distributors, stockist, servants, agents, retailers, representatives, publishers, franchisees, assignees, printers or any other person claiming under or through them from in any manner committing https://www.mhc.tn.gov.in/judis 3/9 C.S.No.516 of 2008 acts of copyright infringement by publishing, printing, stocking, selling, offering for sale, either directly or indirectly, any of the plaintiff's cardiac images, readings, interpretations, including by the book titled 'Multidetector Coronary CT Angiography -
Principles, Practice and Applications' or in any other manner whatsoever.
aa) A perpetual injunction restraining the defendants, their distributors, stockists, servants, agents, retailers, representatives, publishers, franchisees, assignees, printers or any other person claiming under or through them from in any manner committing breach of the plaintiff's commercial secrecy or using or divulging any of the confidential information, including the cardiac images in the plaintiff's compilation and / or manuscript filed as Plaint Document No.1, by publishing, printing, stocking, selling, offering for sale, either directly or indirectly, including by the book titled 'Multidetector Coronary CT Angiography - Principles, Practice and Applications' or in any other manner whatsoever.
b) The defendants be ordered to surrender to plaintiff for destruction of all books, printed material, labels, dyes, blocks, moulds, screen prints, packing materials and other materials containing any of the plaintiff's cardiac images, readings, interpretations.
c) A preliminary decree be passed in favour of the plaintiff directing the defendants to render true and proper accounts of sales made by sale of the infringing book titled 'Multidetector Coronary CT Angiography - Principles, Practice and https://www.mhc.tn.gov.in/judis 4/9 C.S.No.516 of 2008 Applications' and other infringing materials and a final decree be passed in favour of the plaintiff for the amount of sales generated found to have been made by the defendants after the latter have rendered accounts.
d) The defendants be ordered and decreed to pay to the plaintiff a sum of Rs.2,00,00,000/- as damages for the loss suffered by the plaintiff on account of the acts of copyright infringement as detailed herein above, committed by the defendants.
2. The Hon'ble Court on 07.05.2008 granted interim order of injunction against the defendants in O.S.No.575 of 2008 and the said order was extended until further orders on 18.06.2008.
3. The Hon'ble Court also appointed 4 advocate commissioners in Appl.No.2516 of 2008 and seized the infringing books titled “Multidetector Coronary CT Angiography - Principles, Practice and Applications' from Chennai, Bangalore, Mumbai and New Delhi published by the defendants. Such seized books were handed over to the plaintiff's counsel for safe custody till the disposal of the suit.
4. Since the order of injunction has continued till date and the defendants have also not continued with the publication of the book titled 'Multidetector Coronary CT Angiography - Principles, Practice and Applications' till date, the plaintiff and defendants have agreed to settle the dispute amicable as under.
5. Without admitting any contention averments, https://www.mhc.tn.gov.in/judis 5/9 C.S.No.516 of 2008 statement, allegations raised before this Hon'ble Court, the parties have mutually agreed to abide by the following terms :
6. That the defendants submit to a decree of injunction as under :
a. A perpetual injunction restraining the defendants, their distributors, stockist, servants, agents, retailers, representatives, publishers, franchisees, assignees, printers or any other person claiming under or through them from in any manner publishing, printing, stocking, selling, offering for sale, either directly or indirectly, any of the plaintiff's cardiac images, readings, interpretations, including by the book titled 'Multidetector Coronary CT Angiography - Principles, Practice and Applications' or in any other manner whatsoever.
aa) a perpetual injunction restraining the defendants, their distributors, stockists, servants, agents, retailers, representatives, publishers, franchisees, assignees, printers or any other person claiming under or through them from in any manner using or divulging the cardiac images in the plaintiff's compilation and / or manuscript filed as Plaint Document No.1, by publishing, printing, stocking, selling, offering for sale, either directly or indirectly, including by the book titled 'Multidetector Coronary CT Angiography - Principles, Practice and Applications' or in any other manner whatsoever.
7. The defendants also submit to a decree by surrendering all the books titled 'Multidetector Coronary CT Angiography - Principles, Practice and Applications' seized by https://www.mhc.tn.gov.in/judis 6/9 C.S.No.516 of 2008 the 4 Advocate Commissioners in Appl.No.2516 of 2008 to the plaintiff for destruction.
8. In view of the above, the plaintiff gives up its claim in Para 13(c) and 13(d) of the plaint.
9. The parties shall bear their own cost.
10. The suit shall be decreed in terms of the present memorandum of compromise, and the memorandum shall form part of the decree.
3. In view of the same, suit is decreed in terms of Joint Memo of Compromise. No order as to costs. The Joint Memo of Compromise shall form part of the decree. Since the parties have entered into compromise, plaintiff is entitled for return of the Court Fees in accordance with the Rules.
26.04.2022 raja Index : yes/no Internet : yes/no https://www.mhc.tn.gov.in/judis 7/9 C.S.No.516 of 2008 V.BHAVANI SUBBAROYAN.J., raja C.S.No.516 of 2008 https://www.mhc.tn.gov.in/judis 8/9 C.S.No.516 of 2008 26.04.2022 https://www.mhc.tn.gov.in/judis 9/9