TRI-STAR PRODUCTS PVT LTD VS JAGDAMBA IMPEX-SC

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1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.8593 OF 2014

(Arising out of SLP(C)No.22113 of 2014)

M/S TRI-STAR PRODUCTS PVT LTD

.......APPELLANT

VERSUS

M/S JAGDAMBA IMPEX

......RESPONDENT

WITH

CIVIL APPEAL No.8594 OF 2014

(Arising out of SLP(C)No.22304 of 2014)

O          R             D                E        R

Leave granted.

Having considered the impugned order, which is interim in

nature, we are of the view that it was not proper for the High

Court to interpret Section 15 of the Copyright Act with reference

to the factual dispute between the parties.                                                     Accordingly, while

disposing of the instant appeals, we set aside the observations

recorded by the High Court, with reference to the applicability of

Section 15 of the Copyright Act. It will be open to the trial court

to independently examine the issue, based on the determination of

the relevant facts, between the parties.

We are also satisfied that the observations recorded by

the High Court in paragraph 16 of the impugned order to the effect,

that the suit had been filed on the basis of incorrect legal advice

Signature Not Verified

Digitally signed by

Satish Kumar Yadav

Date: 2014.09.10

were totally unjustified.

15:49:21 IST

Reason:                                                                                                        The matter will be examined by the trial

court without reference to the aforesaid determination by the High

Court.

2

As noticed hereinabove, our denial for interference is

based on the fact that the impugned order pertains to an interim

claim,          raised           by        the           appellant.        We        would        in        the           aforesaid

situation, consider it just and appropriate to direct the trial

court, to expedite the disposal of the controversy between the

parties, preferably within one year from today.

The

respondent

is

represented

before

this

Court

on

caveat.

Learned counsel for the respondent states that the cost

imposed on the appellant be waived.

Ordered accordingly.

The appeals are disposed of in the above terms.

...........................J.

(JAGDISH SINGH KHEHAR)

...........................J.

(ARUN MISHRA)

NEW DELHI;

SEPTEMBER 8, 2014.

3

ITEM NO.30

COURT NO.7

SECTION XIV

S U P R E M E C O U R T O F RECORD OF PROCEEDINGS

I N D I A

Petition(s) for Special Leave to Appeal (C) No(s). 22113/2014

(Arising out of impugned final judgment and order dated 05/05/2014 in FAO No. 128/2014 passed by the High Court of Delhi at N. Delhi)

M/S TRI-STAR PRODUCTS PVT LTD

Petitioner(s)

VERSUS

M/S JAGDAMBA IMPEX

Respondent(s)

With I.A.No.1 (Appln.for permission to file additional documents)

WITH

SLP(C) No. 22304/2014

(With Interim Relief and Office Report)

With I.A.No.1 (Appln.for permission to file additional documents)

Date : 08/09/2014 These petitions were called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR

HON’BLE MR. JUSTICE ARUN MISHRA

For Petitioner(s)

Mr.Akhil Sibal, Sr.Adv.

Mr.S.K.Bansal, Adv.

Mr.Ajay Amitabh Suman, Adv.

Mr. Rakesh Kumar, Adv.

For Respondent(s)

Mr.Chander M.Lall, Adv.

Mr.Rohit, Adv.

Mr.Subhash Bhutoria, Adv.

Mr. N. Ganpathy,Adv.

Upon hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeals are disposed of in terms of the signed order.

(SATISH KUMAR YADAV)

COURT MASTER

(PHOOLAN WATI ARORA)

ASSISTANT REGISTRAR

(Signed order is placed on the file)