In the Court
of the Learned District Judge, Alipore, South 24 Parganas
Title
Suit No. 09 Of 2024
In
the matter of ;
Sri Subhro Ghosal,
__________Plaintiff
-
Versus –
Subhadeep Mazumder,
_______Defendant
An
Affidavit under Order 39 Rule 3(a) & (b), of the Civil Procedure Code’
1908;
Affidavit
I, Subhro Ghosal, Son of Uday Sankar
Ghosal, aged about 41 years, residing at Premises being No. 331, Jyotish Roy
Road, Kolkata - 700053, Police Station – Jadavpur, District – South 24
Parganas, and also at “Appayan Apartment” Ground Floor, Flat-GC, Premises no. 108/11/(50), Purbachal Road (North), Haltu, Police Station –
Kasba, Kolkata - 700078, do hereby solemnly affirm and says as
follows;
1. I am the Plaintiff in the present suit instituted by
me against the defendant. I am acquainted and conversant with the material
facts. I am competent to swear this affidavit.
This is true to the best of my knowledge & belief.
2.
I instituted the
above referred Suit for Permanent Injunction restraining Infringement of
Copyrights, Damages, Rendition of Accounts of Profits, Delivery Up, etc., under
Section 55 of the Copyright Act, 1957, vide Title Suit No. 09 of 2024, before
the Learned District Judge, South 24 Parganas, Alipore, and thereby move an
application under Order 39 Rule 1 & 2, read with Section 151 of the Civil
Procedure Code’ 1908, before the Learned District Judge, South 24 Parganas,
Alipore, on 20th day of December’ 2024, through my Learned Advocate
Sanjib Saha.
This is true to the best of my knowledge & belief.
3.
That
the Learned District Judge, South 24 Parganas, Alipore, was obliged to pass
necessary Order of ad-interim injunction is allowed in favour of the plaintiff
for a restricted period till 20-01-2025, vide Order dated 20-12-2024. The
operative paragraph of the said Order dated 20-12-2024, is reproduced herein as
follows;
“The defendant
and his partners, proprietors, men and/or agents are, hereby retrained from
producing and/or issuing unauthorized copies of the Plaintiff’s publication or
any part thereof as per Schedule –“A” of the instant application and/or from
infringing the copyright of the Plaintiff’s literary work/ drama till
20-01-2025”.
This is true to the best of my knowledge & belief.
4. That after obtaining
the said Order dated 20-12-2024, being Order of ad-interim injunction in favour
of the plaintiff for a restricted period till 20-01-2025, I take recourses and
contacted my Learned Advocate Sanjib Saha, for compliance in terms of the Order
39 Rule 3(a) and 3(b) of CPC. My Learned Advocate Sanjib Saha prepared a Letter
being communication of the said order dated 20-12-2024, for services upon the
defendant with Photostat Copies of the Plaint, application under Order 39 Rule
1 & 2, read with Section 151 of the Civil Procedure Code’ 1908, and the
documents relied on by the Plaintiff. I served the said communication being
compliance under Order 39 Rule 3(a) & 3(b) CPC with enclosures thereof on
the defendant by Speed Post with A/D.
This is true to the best of my knowledge & belief.
The said forwarding Letter dated
21-12-2024, being communication of the said order dated 20-12-2024, and the
Postal receipts are annexed herewith, and marked as Annexure – “P-1”
Collectively.
5. I say that I have complied with the direction of the
Learned Court as well as in the prescribed provisions of the Order 39 Rule 3(a)
& 3(b) CPC, by way of service on the defendant through Speed Post.
This is true to the best of my knowledge & belief.
6. The statements are true to the best of my knowledge
and belief.
DEPONENT
Identified by me,
Advocate
Prepared
in my chamber,
Advocate
Date :
_____December’ 2024;
Place :
Alipore Judges’ Court
In the Court of the Learned 5th Civil Judge (Senior
Division), Alipore, South 24 Parganas
Title
Suit No. Of 2024
In
the matter of ;
Sri Subhro Ghosal,
__________Plaintiff
-
Versus –
Subhadeep Mazumder,
_______Defendant
An Affidavit under Order 39 Rule 3(a) & (b),
of the Civil Procedure Code’ 1908;
Advocate
– on – Record for the Plaintiff;
Sanjib
Saha, Advocate
High
Court Calcutta
Chamber : P-16, Purbasha Pally, Dr. A.K. Paul Road, Kolkata – 700034, Mobile No. 9051570268, 7003781930, Email : sanjibsaha.smc@gmail.com
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