Jaypee Brothers Medical Publishers Pvt Ltd v. Binu S Sankarnarayanan & ANR

#15 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 429/2016 & I.A. 15093/2015, I.A. 20722/2015 JAYPEE BROTHERS MEDICAL PUBLISHERS PVT LTD ..... Plaintiff Through Ms. Jyoti Taneja, Advocate versus BINU S SANKARNARAYANAN & ANR ..... Defendants Through Mr. Amresh Anand, Advocate for D-1 with Mr Binu S. Sankaranarayan, D-1 in person.

Mr. Arvind Jain, Advocate for D-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.04.2018 Today in Court, defendant no. 1 is personally present. He states that he would refund to defendant no. 2 the amount of Rs. 13,50,000/- received by him as advance royalty from defendant no. 2 in two equated installments within four months. He further states that the first instalment shall be paid on 12th May, 2018.

In view of the aforesaid statement made by defendant no. 1, learned counsel for defendant no. 2 states that the defendant no. 2 shall not offer for sale or reproduce or publish or print or distribute or advertise the book titled "Learning and Teaching Nursing 5th ed."

The statements made by defendant no. 1 and learned counsel for the defendant no. 2 are accepted by this Court and both defendant nos. 1 and 2 are held bound by the same.

In view of the aforesaid statements/undertakings given by learned counsel for defendant nos. 1 and 2, present suit is infructuous and it accordingly, stands disposed of. Registry is directed to prepare a decree sheet accordingly.

In case the plaintiff has any further grievance in future, it is granted liberty to agitate the same before an appropriate forum/court. Rights and contentions of all the parties are left open. With the aforesaid directions, present suit and pending applications stand disposed of.

MANMOHAN, J APRIL 19, 2018 rn