1 95 fa.1269.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1269 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Tejesh Dande for the Appellant. Mrs. Kalyani Pathak for Respondent Nos.1 to 5. CORAM : A.S.OKA, J. DATE : 18 th February, 2011. P.C. 1 Admit. Printing is dispensed with. Advocate for Respondent Nos.1 to 5 waives service. 2 Requisite number of copies of private paper-books including the copies for the Respondent/s shall be filed by the Appellant/s within a period of one year from today. If compliance is not made within stipulated time, the appeal shall stand dismissed for want of prosecution without further reference to the Court. [ A.S.OKA, J ] 2 95 fa.1269.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2162 OF 2010 IN FIRST APPEAL NO. 1269 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Tejesh Dande for the Applicant. Mrs. Kalyani Pathak for Respondent Nos.1 to 5. CORAM : A.S.OKA, J. DATE : 18 th February, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant (Appellant in the First Appeal) and the learned counsel appearing for Respondent Nos.1 to 5. 2 The Applicant is the original defendant No.7. The Respondent Nos.1 to 5 are the original plaintiffs. The operative part of the impugned decree reads thus: “ O R D E R [1] The suit is partly decreed with costs. [2] The defendants are hereby perpetually restrained 3 95 fa.1269.10 from infringing the copyrights of the plaintiff in the literate of late Shri. V.S. Khandekar. [3] The defendants shall hand over all the copies bound unbound, all the materials, manuscripts, type sets, photo plates and all other materials relating to printing and publication of 13 books published by them, to the plaintiff within one month from the date of order, of Shri. V.S. Khandekar.” 3 The Applicant had filed earlier suit inter-alia claiming declaration that the Applicant is an assignee from one Mrs.Sulochana Deshmukh and is absolutely entitled to print and publish the unpublished and published writings of eminent Marathi author late Shri V.S.Khandekar. The suit was dismissed. An appeal preferred by the Applicant against the decree was dismissed by this Court and the Special Leave Petition filed by the Applicant has been also dismissed. In the circumstances, clause [2] of the operative part of the decree cannot be stayed. As far as clause [3] of the operative part of the decree is concerned, the learned counsel appearing for the Applicant states that compliance will be made with the said clause within a period of six weeks from today by depositing the necessary materials and articles with the trial Court. 4 Hence, civil application is disposed of by passing the following order: 4 95 fa.1269.10 i. Prayer clause (a) is rejected. However, time of six weeks is granted to the Applicant to comply with clause [3] of the operative part of the decree by depositing the necessary materials and articles with the trial Court ; ii. There will be no order as to costs. [ A.S.OKA, J ]