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;
Very nice
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