WILEY EASTERN LTD Vs. INDIAN INSTITUTE OF MANAGEMENT
LAWS(DLH)-1995-11-35
HIGH COURT OF DELHI
Decided on November 06,1995

WILEY EASTERN LTD. Appellant
VERSUS
INDIAN INSTITUTE OF MANAGEMENT Respondents

JUDGEMENT

M. Jagannadha Rao, C.J. - (1.)This appeal is by the plaintiffs 1 & 2 against the order of the learned Single Judge dated 21/2/1995 made in I.A. 6521/94 in Suit 2640/93. The I.A. was filed by the defendant/respondent under Order 7,Rule 10A and 11 CPC seeking rejection of the plaint or for return of the same for presentation to the proper Court for want of territorial jurisdiction at Delhi. The learned Single Judge, under the impugned order, allowed the said application in part holding that the High Court at Delhi does not have territorial jurisdiction to try the suit and directed the plaint to be returned to the plaintiffs through their counsel for presentation to the proper Court under Order 7, Rule 10A (1) CPC. Aggrieved by the said order, the plaintiffs have preferred this appeal.
(2.)The 1st plaintiff is Wiley Eastern Limited, New Delhi and the 2nd plaintiff is Prof. U.K. Srivastava, resident of Ahmedabad. The defendant is the Indian Institute of Management, Ahmedabad. The appellants filed the suit for declaration that the anonymous letter dated 29/6/1992 referred to in the plaint, the defendant committee's reports dated 17/8/1992 and 28/9/1992 were arbitrary, void and unenforceable and that the plaintiffs should have a mandatory injunction directing the defendant to withdraw the aforesaid anonymous letter and the reports mentioned above, and that the plaintiffs are entitled to a decree against the defendant for Rs. 5,01,000 with 24% interest from the date of suit.
(3.)The 1st plaintiff is a publishing house of books and has its office at New Delhi. The 2nd plaintiff, Prof. U.K. Srivastava is a co-author along with Mr. G.V. Shenoy and Mr. S.C. Sharma of a book entitled "Quantitative Techniques for Managerial Decisions". The 1st plaintiff claims that the copyright for the said book vests in the 1st plaintiff, while the 2nd plaintiff and two others abovementioned are the authors of the book. The defendant is a reputed educational institution at Ahmedabad. The 2nd plaintiff is an employee of the defendant for about 20 years.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.