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Documents citing Mangal Bhikaji Nagpase vs State Of Maharashtra And Ors. on 3 February, 1997

Vodafone Idea Limited vs Saregama India Limited & Anr on 2 July, 2019

The interim order was obtained and pursuant thereto adjournments, on plea of the suit of being an interpleader suit. He draws attention to section 88 in the Code of Civil Procedure being substantive provision regarding interpleader suit. He relies on judgment of a learned Single Judge of Bombay High Court in Mangal Bhikaji Nagpase versus State of Maharashtra reported in 1997 (2) Maharashtra Law Journal 55, paragraph 7. He submits, plaintiff cannot be heard on any claim after having obtained interim order on the basis of alternative prayer of the suit being an interpleader suit. If it asserts any interest in such a suit, the suit should be adjudicated to have failed. In such a suit, order has been obtained on quantification, which could not have been made, as made. The rate of royalty for licence to be granted by his client is determined by rule 56 of Copyright Rules, 2013. Plaintiff's purported alternative case, relied upon, of not knowing what it is to pay his client, is without basis. Plaintiff has its data base, from which net revenue and percentage thereof payable to his client can be ascertained but plaintiff obtained interim order on a ball point deposit and continues to enjoy the same thereafter. He submits, on affidavits there is no dispute between defendants. He reiterates plaintiff is asserting claim in an interpleader suit. The suit should be dismissed but first the order vacated. He submits, he will make a brief concluding submissions on adjourned date.
Calcutta High Court Cites 4 - Cited by 0 - A Sinha - Full Document
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