|
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
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
(SATISH KUMAR YADAV)
COURT MASTER
(PHOOLAN WATI ARORA)
ASSISTANT REGISTRAR
(Signed order
is placed on the file)
