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Showing contexts for: negative declaration in Deshmukh And Co. (Publishers) Pvt. Ltd. vs Avinash Vishnu Khandekar And Ors. on 4 May, 2005Matching Fragments
The parties are same, issues involved are identical, facts are common, so a single judgment will dispose of both appeals. Hereinafter parties will be referred to as arrayed in the original suits. The Factual Matrix :
1. The factual matrix giving rise to the present appeals in nutshell can be summarised as under :
2. M/s Deshmukh and Company Publishers (P) Ltd. Pune, a leading publisher of books; carrying on business at Pune, filed a suit under Section 62 of the Copyrights Act, 1957, inter alia, claiming -- (i) a declaration that the plaintiff (appellant herein) has a subsisting copyright in publication of 14 books mentioned in the Schedule annexed to the plaint; with (ii) negative declaration that none of the defendants has any right to print or publish the same during the subsistence of the copyright in its favour; with (iii) a further decree for permanent injunction; to restrain the respondents -- defendant Nos. 2 to 6 from dealing with, transferring, destroying or printing or publishing or otherwise authorising others from publishing or printing or selling or otherwise dealing with the books listed in the Plaint Schedule in any manner whatsoever. In addition, the plaintiffs have also claimed compensation in the sum of Rs. 10,000/-.