Full Text
HIGH COURT OF DELHI
Date of Decision: 28th July, 2022
S CHAND AND COMPANY LTD ..... Plaintiff
Through: Mr. Sanjeev Sindhwani, Sr. Advocate with Ms. Rajeshwari H. & Ms. Swapnil Gaur, Advocates (M-
9897905254)
Through: Mr. Jayant Mehta, Sr. Advocate with Mr. Anandh Venkatramani, Mr. P.D.V. Srikar and Mr. Himayush Chopda, Advocates for D- 1, 4 &5.
(M:9999791427)
Ms. Geetanjali Viswanathan and Mr. Mukul Kochhar, Advocates for D- 2
& 3. (M:9873941450)
JUDGMENT
1. The Plaintiff – S. Chand and Company Ltd., a renowned publishing house in Delhi established in 1970, has filed the present suit, seeking permanent injunction restraining infringement of copyright, claim for damages, rendition of accounts etc., against the Defendants, who are listed hereinbelow: i. Ms. Preeti Agarwal/ Defendant No. 1, ii. Mr. R.S. Aggarwal/ Defendant No. 2, Author iii. Mr. Deepak Aggarwal/ Defendant No. 3, Author and Son 2022:DHC:2869 of Defendant No. 2 and Husband of Defendant No. 1, iv. Radian Learning Pvt. Ltd./ Defendant No. 4, v. Radian Book Company/ Defendant No. 5.
2. Defendant No. 2 is a renowned author, who has authored textbooks of English and Mathematics, which have been used by students across the country, for competitive exam preparation, for several years. The books which have been authored by Defendant No. 2 are circulated among school students who primarily aspire to sit for various competitive examinations, such as the Staff Selection Commission (hereinafter “SCC”) recruitment exam, and the Civil Services Examination.
3. The Plaintiff and the Defendant No. 2’s relationship dates back to the year 1991. There are several Publishing Agreements which have been entered into between the Plaintiff and Defendant Nos. 2 & 3. Details of the said publishing agreements have been set out below:
1. 05/01/1991 1) Objective Arithmetic
2) Quantitative Aptitude
3) Ankaganit Pratiyogi parikshaon ke liye (Vastunisht prashosahit) Dr. R.S. Aggarwal
1. Quantitative Aptitude.
2. Quantitative Aptitude. (Telugu Edition)
3. Quantitative Aptitude. (Bengali Edition)
4. Quantitative
2. 28/10/1992 1) Test of Reasoning
2) Bank Clerical Guide. Dr. R.S. Aggarwal
1. A Modern Approach to Verbal Reasoning.
2. A Modern Approach to Non- Verbal Reasoning.
3. A Modern Approach to Logical Reasoning, etc.
3. 07/08/1995 1) Guide bank PO, Guide SBI, P.O
2) Guide NDA/NA
3) Guide Assistant Grade
4) Guide Excise and etc. Dr. R.S. Aggarwal l. Mathematics for NDA and NA.
2. Mathematics for MBA entrance examinations.
3. Advanced Objective General Knowledge.
4. Mathematics for CDS entrance examination, etc.
4. 02//04/1997 1) Mathematics for MCA
2) Guide for MCA
3) Advanced Non Verbal Reasoning (Hindi) Dr. R.S. Aggarwal and Mr. Deepak Aggarwal
1. A Comprehensive Guide for MCA Entrance Examination.
2. Advanced Nonverbal Reasoning. (Hindi Edition).
5. 02//04/1997 1) Objective General English Dr. R.S. Aggarwal and Ms. Monika Aggarwal 1) Objective General English
4. The aforementioned Publishing Agreements between the parties have various clauses prescribing the terms and conditions. However, for the present purposes, Clause 11 and 14 of Agreement dated 5th January 1991, are relevant, and are set out below:
5. It is not in dispute that the other Publishing Agreements also have identical/similar clauses.
6. The grievance, in the present case, is that the two entities, Defendant Nos. 4 & 5 (the business concerns of the Defendant No.1), have published several books, wherein the name of Defendant No. 2, is being used in order to depict a connection between Defendant No. 2, and Defendant Nos. 4 & 5, as also its publications.
7. Mr. Sanjeev Sindhwani, ld. Sr. Counsel for the Plaintiff, makes references to certain books, which have also been placed on record, to argue that in the said books, there is no reference as to who is the author. However, the caption “from the house of R.S. Aggarwal”, is being used on the cover. The said books have been published by the Defendants 4 and 5. One such book cover belonging to the Defendants’ book, is extracted below:
8. Furthermore, ld. Sr. Counsel for the Plaintiff refers to websites belonging to the Defendants’ – www.rsaggarwal.com and www.radianbooks.in. These websites seek to establish some connection between Defendant Nos. 4 & 5, and Defendant No. 2. The website, www.radianbooks.in, also lists several books under the heading “from the house of R.S Aggarwal”. A screenshot of the said website is extracted below:
9. Ld. Sr. Counsel for the Plaintiff also submits that the Aggarwal family is in some way trying to take benefit of Defendant Nos. 2 & 3’s established reputation, and that these associations, which are continuously sought to be established with Defendant Nos. 2 & 3, would be violative of the spirit and letter of the abovementioned Clauses 11 and 14 of the Publishing Agreements i.e., the Right of First Refusal, and the negative covenant.
10. Ld. Sr. Counsel for the Plaintiff points out a specific instance wherein, one of the books published by Defendant No. 4, by the name “SSC English”, which has been extracted above, has “Radian Book Company”, printed on the left-hand top corner. The cover page of the said book does not name the authors of the book. The book, which contains study material, concepts, solved examples, previous year exam questions, etc., for the SSC examination, merely has the caption “from the house of R.S. Aggarwal”. The name of Defendant No. 1 is only mentioned on the preface page, as the founder and CEO, of Radian Book Company.
11. According to ld. Sr. Counsel for the Plaintiff, this is nothing but an attempt by Defendant Nos. 2 & 3, to violate the negative covenant in the said Publishing Agreements, and not give the Right of First Refusal to the Plaintiff. Moreover, this also constitutes a breach of contract, as Defendant Nos. 2 & 3 are promoting a competing publishing house, Defendant Nos. 4 & 5, while still being on the rolls of the Plaintiff as an author, as also continuing to earn revenue from the books published by the Plaintiff.
12. Mr. Jayant Mehta, ld. Sr. Counsel, appears on behalf of the Defendant Nos. 1, 4 & 5, and ld. Counsel, Ms. Geetanjali Viswanathan appears for Defendant Nos. 2 & 3. It is submitted by the ld. Counsels, that Defendant No. 2 is a very renowned author, and the books which are being published by Defendant Nos. 4 & 5, are not authored by Defendant No. 2. It is claimed that the said books are authored by Defendant No. 1, the daughter-in-law of Defendant No. 2. The aforementioned Publishing Agreements are between the Plaintiff, and Defendant Nos. 2 & 3. There is in fact no relationship between the Plaintiff and Defendant Nos. 1, 4 & 5. Ms. Viswanathan, ld. Counsel for the Defendant Nos. 2 & 3, further submits that Defendant No. 1 is an established author in her own right, and she has authored several of her own books.
13. Therefore, it is submitted by the Defendants, that the authors - Defendant Nos. 2 and 3, are not in any manner violating the Publishing Agreements.
14. The Court has heard the ld. Counsels and perused the record. Considering the status of Defendant No. 2, as also the status of the Plaintiff, and their longstanding relationship, it appears to the Court that an attempt ought to be made to amicably resolve the disputes between the parties. The proposals were put forth and considered. The parties, after due consideration, have agreed, without prejudice to their respective claims, to resolve their disputes on the following terms and conditions: i) The Defendant Nos. 1, 4 & 5 shall henceforth not print or publish any of the impugned books with the caption “from the house of R.S. Aggarwal”. Compliance affidavit to this effect shall be filed on, or before, 15th January, 2023, with a copy being supplied to ld. Counsel for the Plaintiff by the Counsel for the Defendants. ii) Considering that already printed books stock with the aforesaid caption, “from the house of R.S. Aggarwal”, would be in the possession of Defendant Nos. 1, 4 & 5, the same shall be exhausted within a period of 5 months, i.e., latest by 31st December, 2022. The Defendant Nos. 1, 4 & 5 shall file a closing stock statement of the impugned books - “SSC English” and “SSC Mathematics”, within two weeks from today. iii) On the websites - www.rsaggarwal.com, www.radianbooks.in, www.radianlearning.com or www.radianlearning.in, any connection highlighted between the Defendant Nos. 2 & 3, and the books published by the Defendant Nos.1, 4 & 5, shall be removed. iv) The above undertakings of the Defendants shall not in any manner prevent the Defendants from mentioning the familial relationship between the Defendant No.1, and any other children/family members of Defendant No. 2, in the books and websites published by the Defendant Nos. 1, 4, & 5. However, the same shall not be in a manner so as to convey that the Defendant Nos.1, 4 & 5’s books are authored or co-authored, either by Defendant No. 2, or Defendant No. 3, or connected with the Plaintiff’s publication in any way.
15. Subject to above undertakings being adhered to and complied with by the Defendants, the Plaintiff does press for any further reliefs in the matter.
16. The suit shall stand decreed in clauses (i) to (iv) set out above.
17. Decree sheet be drawn. There shall be no order as to costs. All pending applications are also disposed of.
18. In terms of the matter being settled, 50% of the Court Fee is directed to be refunded to the Plaintiff, through Counsel.
PRATHIBA M. SINGH JUDGE JULY 28, 2022/dj/dk/ss