Neetu Singh v. Rajeev Saumitra & Anr.
[2018 SCC Online Del 7176]
Coram: Hon’ble Justice Rajiv Sahai Endlaw
Forum: Hon’ble Delhi Court
Case No.: CS (COMM) 935/2016, CCP(O) No.32/2017, OA No.115/2017 & IA NO.9488/2017, IAs No.9822/2017, CC (COMM) No. 118/2017
Date of Decision: January 8th, 2018

Facts:

  • Neetu Singh (Plaintiff), a renowned author and director of an education and training institute named 'Paramount Coaching Centre' and wife of Rajiv Saumitra Defendant no.1 . Neetu Singh was also the author of the book "English for General Competitions" and held the copyright for its contents.
  • Defendant no.1: Rajiv Saumitra, husband of the Plaintiff and former co-director of 'Paramount Coaching Centre Private Limited'.
  • Defendant no.1 copied several books of the Plaintiff which were authored by her, as her original work and selling the same in the market without the permission of the plaintiff.
  • The Plaintiff had filed a lawsuit against three defendants and sought a permanent injunction along with the damages to prevent them from reproducing, publishing, distributing, selling, or offering for sale the literary work "English for General Competitions" or any other copyrighted book belonging to the Plaintiff.
  • Defendants No.1&2 filed a Counter-Claim against the Plaintiff, seeking to restrain her from reproducing, publishing, distributing, selling, or offering for sale the literary work "English for General Competitions" and for recovery of damages.
  • The Suit and the Counter-Claim were scheduled for framing of issues.
  • The Defendants filed a Chamber Appeal against an order closing their opportunity to admit/deny the plaintiff's documents, along with a request for condonation of a delay in filing.
  • The Plaintiff filed CCP(O) No.32/2017 alleging violation of the interim order.

Main Issues:

Whether there was an infringement on part of defendant?