- (1.) HEARD Mr. Raghvendra Singh, learned senior Advocate assisted by Mr. Rajat Vohra, learned counsel for the appellant as well as Mr. Sudeep Seth, learned counsel for the respondent No.1 to 4.
(2.) THE instant appeal is directed against the order dated 29 March 2013 passed by the District Judge, Lucknow on the application for Temporary Injunction moved under order 39 rule 1 and 2 C.P.C. in regular Suit No. 115 of 2012. The respondent No.1/Plaintiff filed a suit for permanent injunction against the appellant/ respondent restraining them from infringing the copy rights for the literary works of the Plaintiffs in the law report "Supreme Court cases" and for selling, distributing or otherwise making available to public goods in its law report and data bases which infringed the copy rights of the Plaintiff, as also the mandatory injunction directing the defendant to delete/erase the infringing copy/data from their websites.
(3.) THE Trial Court by means of order dated 22.08.2012 issued notices to the defendants including petitioner to file objection and also issued the following temporary injunction. "Meanwhile, the defendants, their assigns and business franchisees, licensees, distributors, agents etc. are restrained from infringing the copyrights in the literary work of the plaintiffs in their law report "Supreme Court Cases" (SCC) and from selling, distributing or otherwise making available to the public, either as CD Rooms or through their websites on the internet or by any other means, copies of its law report and data base which infringe the copyrights of the Plaintiffs in and to the law reports titled Supreme Court Cases (SCC)". It appears that respondent No.1/Plaintiff notified press release to the knowledge of the public about the interim injunction passed by the District Judge. Therefore, the appellant/defendant No.3 moved an application under the following title: - "Application for restraining the Plaintiffs from negatively publishing order dated 22.08.2012 passed by this Hon'ble Court and refusal of extension of the said order.";