Debashis Banerjee Vs. Swarnakshar Prakasani Pvt.Ltd.and anr - Court Judgment

SooperKanoon Citationsooperkanoon.com/1100292
CourtKolkata High Court
Decided OnDec-10-2013
JudgeBANERJEE
AppellantDebashis Banerjee
RespondentSwarnakshar Prakasani Pvt.Ltd.and anr
Excerpt:
order sheet apo no.168 of 2013 with cs no.307 of 2012 in the high court at calcutta civil appellate jurisdiction original side debashis banerjee versus swarnakshar prakasani pvt.ltd.& anr before: the hon'ble justice banerjee the hon'ble justice debangsu basak date : 10th december, 2013. mr.ranjan kali, ms.sukriti banerjee for the appellant. mr.ranjan bachawat, mr.pravakar chowdhury, mr.subhasish sengupta, mr.rahul ginodia for the respondent. the court : after much deliberation on last few days’ hearing we could get the issue resolved. we must record our appreciation for the contribution we had from mr.ranjan kali, learned counsel appearing for the appellant and mr.ranjan bachawat, learned counsel appearing for the respondent. the facts would depict, the respondent is well-known in travel magazine having the brand name ”bhraman”. the appellant imitated the brand name and the design and published another magazine prior to puja, 2012 as the annual edition. the respondent would complain, the appellant copied the articles from the copy belonging to the respondent verbatim. the learned single judge passed an order of injunction that gave rise to the present appeal. at the interim stage we protected the interest of the parties. the appeal has now come up for final hearing. good sense has prevailed upon the parties with the assistance of the learned counsel appearing for them. they have agreed to the following : i) the appellant would use the font and get up of its magazine as selected by them duly signed by the appellant himself and the manager and constituted attorney of the respondent, filed in court. ii) the parties also agree, the suggested design of the cover must not have use of red and yellow colour. iii) the appellant would compensate the respondent for the loss they incurred, assessed at rs.8 lakhs. iv) the appellant would pay the said sum of rs.8 lakhs by monthly instalment of rs.8000/- commencing from january, 2014 with a corresponding increase of the instalment @ 1000/- every year so long the entire amount is not paid off. the monthly instalment must be paid on or calender month. before 15th day of each english v) in default of payment of any one instalment, such defaulted instalment would carry interest at the rate of 8% per annum on and from the date of default till it is made good. vi) the appellant undertakes not to copy or imitate any of the art works and/or literary works belonging to the respondent, in future. the appeal is disposed of. c.s.307 of 2012 is also disposed of by treating the same as on the day’s list. the parties would bear their own cost. mr.bachawat would insist, we should make it clear, this order would not be used as a precedent. his apprehension is misconceived. we have only recorded the settlement the parties arrived at. ( banerjee, j.) (debangsu basak, j.) pa
Judgment:

ORDER

SHEET APO No.168 of 2013 With CS No.307 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DEBASHIS BANERJEE Versus SWARNAKSHAR PRAKASANI PVT.LTD.& ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 10th December, 2013.

Mr.Ranjan Kali, Ms.Sukriti Banerjee for the appellant.

Mr.Ranjan Bachawat, Mr.Pravakar Chowdhury, Mr.Subhasish Sengupta, Mr.Rahul Ginodia for the respondent.

The Court : After much deliberation on last few days’ hearing we could get the issue resolved.

We must record our appreciation for the contribution we had from Mr.Ranjan Kali, learned Counsel appearing for the appellant and Mr.Ranjan Bachawat, learned Counsel appearing for the respondent.

The facts would depict, the respondent is well-known in travel magazine having the brand name ”Bhraman”.

The appellant imitated the brand name and the design and published another magazine prior to Puja, 2012 as the annual edition.

The respondent would complain, the appellant copied the articles from the copy belonging to the respondent verbatim.

The learned Single Judge passed an order of injunction that gave rise to the present appeal.

At the interim stage we protected the interest of the parties.

The appeal has now come up for final hearing.

Good sense has prevailed upon the parties with the assistance of the learned Counsel appearing for them.

They have agreed to the following : i) The appellant would use the font and get up of its magazine as selected by them duly signed by the appellant himself and the Manager and constituted attorney of the respondent, filed in Court.

ii) The parties also agree, the suggested design of the cover must not have use of red and yellow colour.

iii) The appellant would compensate the respondent for the loss they incurred, assessed at Rs.8 lakhs.

iv) The appellant would pay the said sum of Rs.8 lakhs by monthly instalment of Rs.8000/- commencing from January, 2014 with a corresponding increase of the instalment @ 1000/- every year so long the entire amount is not paid off.

The monthly instalment must be paid on or calender month.

before 15th day of each english v) In default of payment of any one instalment, such defaulted instalment would carry interest at the rate of 8% per annum on and from the date of default till it is made good.

vi) The appellant undertakes not to copy or imitate any of the art works and/or literary works belonging to the respondent, in future.

The appeal is disposed of.

C.S.307 of 2012 is also disposed of by treating the same as on the day’s list.

The parties would bear their own cost.

Mr.Bachawat would insist, we should make it clear, this order would not be used as a precedent.

His apprehension is misconceived.

We have only recorded the settlement the parties arrived at.

( BANERJEE, J.) (DEBANGSU BASAK, J.) pa