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
Extension
Petition of Stay Order dated 20-12-2024;
The humble
petition of the above named Plaintiff, most respectfully;
Sheweth
as under;
1. That the
Plaintiff 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, against
the Defendant, before the Learned Court. The Plaintiff also placed an
application under Order 39 Rule 1 & 2, read with Section 151 of the Civil
Procedure Code’ 1908, for an order for ad-interim injunction restraining the
Defendant, his partners, proprietors, his officers, servants, agents, men and
all persons, firms, corporations, and associations in active concert or
participation with the defendant from photocopying / reproducing and issuing
illegal / unauthorized copies of the plaintiff’s publication or substantial
portion thereof, including but not limited to publication of the plaintiff
included in Annexure – “A’ in any manner whatsoever, and / or from doing any
other act amounting to infringement of the Plaintiff’s copyright, till the
disposal of the present suit, in the interest of administration of Justice.
2. That the said
application under Order 39 Rule 1 & 2, read with Section 151 of the Civil
Procedure Code’ 1908, has been heard by the Learned Court on 20th
day of December’ 2024, and the Learned Court was pleased 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 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”.
3. That the
Plaintiff states and submit that the Plaintiff has communicated the said Order
dated 20-12-2024, to the Plaintiff with the copy of the Plaint as well as the
copy of the application for ad-interim injunction and the copies of the
documents relied on by the plaintiff, which the defendant is in receipt of the
communication of the said Order dated 20-12-2024, and removing the said alleged
video from his youtube channel, but at the same time after few days later it
has been observed that the defendant through some other person trying to play
the said purported alleged video through the different means of Social media
i.e. Facebook, etc.
4. That therefore
the Plaintiff seeks the extensions of the said Order of Stay dated 20-12-2024,
passed in Title Suit no. 09 of 2024, till the disposal of the present Suit, in
the interest of administration of Justice.
5. That unless,
the Learned Court grant extensions of the said Order of Stay dated 20-12-2024,
passed in Title Suit no. 09 of 2024, till the disposal of the present Suit, the
Plaintiff will highly prejudice and suffered with irreparable loss and injury
thereof.
6. That this
application is made bonafide and in the interest of administration of Justice.
It is therefore prayed that your
Honour would graciously be pleased to allow this application and to extend the
Order of Stay dated 20-12-2024, passed in Title Suit no. 09 of 2024, till the
disposal of the present Suit, in the interest of administration of Justice, and
/or to pass such other necessary order or orders as your Honour may deem, fit,
and proper for the end of Justice.
And
for this act of kindness, the Petitioner as in duty bound shall ever pray.
Schedule –“A”
The
Plaintiff’s literature/ drama work which has been cited
as “TELEPHONE” having Registration No. L-136483/2023, dated 21st day
of November’ 2023.
|
Number |
Class of Work |
Title of Work |
Applicant Name |
Communication Address |
Status |
|
23619/2022-CO/L |
Literary/ Dramatic |
TELEPHONE |
SUBHRO GHOSAL |
APPAYAN APARTMENT,
GROUND FLOOR, FLAT-GC, 108/11/(50) PURBACHAL ROAD (NORTH), HALTU, KOLKATA,
WEST BENGAL-700078 |
Registered |
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. The statements made in the paragraph nos. 1, 2, &
3, are true to the best of my knowledge and belief, and the rests are my humble
submissions before the Learned Court.
This is true to the best of my knowledge & belief.
3. The statements are true to the best of my knowledge
and belief.
DEPONENT
Identified by me,
Advocate
Prepared
in my chamber,
Advocate
Date :
_______________2025;
Place :
Alipore Judges’ Court
NOTARY
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
Extension Petition of Stay Order dated 20-12-2024;
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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