Decided on July 10,2018

Deepak Kumar Sanyal And 2 Ors Appellant
Naba Kanta Bardoloi And 2 Ors Respondents


Kalyan Rai Surana, J. - (1.) Heard Mr. N. Choudhury, the learned advocate for the appellants. He is an out-station advocate, who had come from Kolkata to make his submissions. His submissions were concluded on 26.04.2018, reserving his right to reply. On 05.06.2018, none appeared for the respondents No.1 and 2. Hence, by scrolling the name of the said learned advocate in the display notice board, this Court had waited till 12.00 noon. Thereafter, the learned advocate for the appellant had concluded his submissions and also submitted a written note of his argument. Thereafter, Ms. S. Roy, learned proxy Counsel appeared on behalf of the learned counsel for the respondents No.1 and 2 and prayed for adjournment, which was not conceded to and refused and the argument was closed. However, for ends of justice, by order dated 05.06.2018, it was provided that if the advocate for the respondents No.1 and 2 had anything to submit, it may be done in form of written argument on or before 12.06.2018, upon furnishing a copy thereof to the local advocate for the appellant, it could be submitted before the Court Master. However, till date no written argument was submitted on behalf of the respondents No.1 and 2. None appears for proforma respondent No.3
(2.) This is an appeal under Section 96 CPC against the judgment and decree dated 13.06.2014, passed by the learned Additional District Judge No. 2, Kamrup (M), Guwahati, in T.S. No. 5/2011. The suit was filed under the provisions of Copyright Act, 1957 for declaration and injunction.
(3.) The appellants, namely, (1) Deepak Kumar Sanyal, (2) Sanjay Sanyal, and (3) Smt. Mukti Sanyal are the plaintiffs in the suit. As per the amended plaint in the year 1970, Dilip Kumar Sanyal, the predecessor- in- interest of the appellants, had started a publishing house in the name and style of Assam Publishing Company with its Head office at 42, Beniatola Lane, Kolkata-9 and Branch office at College Hostel Road, Guwahati-1. In course of time, the Kolkata office was closed and the entire business of publishing and marketing was done from Guwahati. The predecessor- in- interest of the appellants had died on 08.03.2007, leaving behind the appellants No.1 and 2 (sons), appellant No.3 (wife) as well as his three daughters as his legal heirs. The appellants claim that they are now running the said business.;

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