M/S.Swamy Publishers Pvt Ltd v. Abhay Kumar Rai

in C.S.(Comm.Div.) No.309 of 2023 ABDUL QUDDHOSE, J.

The learned counsel for the first respondent/first defendant drew the attention of this Court to paragraph Nos.6, 9, 10 & 14 of the written statement and would submit that even prior to the filing of the suit, they have stopped circulating the alleged infringed materials as pleaded in the plaint. However, he would submit that the respondents/defendants have not committed any copyright infringement as pleaded in the plaint.

2. By order dated 14.12.2023, this Court granted an order of interim injunction as prayed for in this application as against the first respondent/first defendant. Since the learned counsel for the first respondent/first defendant on instructions has made a statement that even prior to the filing of the suit, the first respondent/first defendant has stopped circulating the alleged infringed materials, this Court is of the considered view that after recording the said statement, this application can be disposed of. Accordingly, after the recording the statement of the first respondent/first defendant that they have stopped circulating the infringed materials even prior to the filing of the suit, this application is 1/3

disposed of. The statement of the learned counsel for the first respondent/first defendant that the first respondent/first defendant has not committed any copyright infringement as pleaded in the plaint is also recorded. Whether the defendants have committed copyright infringement or not can be decided only after trial. All contentions raised in the written statement filed by the first defendant are left open to be decided after trial.

28.02.2024 rkm 2/3

ABDUL QUDDHOSE, J.

rkm in C.S.(Comm.Div.) No.309 of 2023 28.02.2024 3/3