Wednesday, December 25, 2024

Communication of Injunction Order on the Defendant

 

 

By Registered Post / Speed Post / Ordinary Post

 

WITHOUT PREJUDICE

 

Ref.: SS / SM / 3108-9845 / 24                    Dated : 21st December’ 2024

 

To,                                                                                                             

Subhadeep Mazumder, residing at Premises being No. 2949, Kalyani Apartment, Flat 3B, Garia Garden, Post Office Building Garia Garden, Police Station – Narendrapur, Kolkata – 700084, District South 24 Parganas. Mobile No. 9830786126, Email : thebreathingcelluloid@gmail.com

 

 

Ref.: Title Suit No. 09 of 2024

In the matter of ;

Subhro Ghosal ____________Plaintiff

-      Versus –

Subhadeep Mazumder___defendant

 

Subject : Communication of the Order dated 20th December’ 2024, passed in Title Suit No. 09 of 2024 (Subhro Ghosal – Versus – Subhadeep Mazumder), by the Learned District Judge, South 24 Parganas, Alipore, in terms of the Order 39 Rule 3(a) and 3(b) of CPC

 

 

 

Dear Sir,

 

Please note that my Client Sri Subhro Ghosal, 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, Mobile No.: 9874077772, Email : subhro.ghosal@gmail.com has 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.

 

Further please note 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”

 

Enclosed Find the Photostat Copy 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, for your references and perusal thereof.

 

 

 

Kindly, comply with the directions of the Order dated 20-12-2024, passed in Title Suit No. 09 of 2024, passed by the Learned District Judge, South 24 Parganas, Alipore and oblige.

 

This is for your kind information and compliance of the Judicial Order Order dated 20-12-2024, passed in Title Suit No. 09 of 2024, passed by the Learned District Judge, South 24 Parganas, Alipore. The next date in the above referred Suit is fixed on 20-01-2025.

 

Thanking you,

 

Yours’ faithfully,

 

 

 

Sanjib Saha,

Advocate

High Court Calcutta

 

Enclo.:

(1)  Plaint;

(2)  An application under Order 39 Rule 1 & 2 CPC read with Section 151 of the Civil Procedure Code’ 1908;

(3)  The Plaintiff’s literature/ drama work which has been cited as “TELEPHONE” having Registration No. L-136483/2023, dated 21st day of November’ 2023;

(4)  Cease and Desist Notice bearing Reference no. SS/SM/3108-9216/24, dated 25th November’ 2024;

(5)  Reply dated 28th November’ 2024, of the defendant;

 

 

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