Narayan Shukla, J. - (1.) HEARD Mr. Prashant Chandra, learned Senior counsel assisted by Mr. Akshat Srivastava and Ms. Purnima Singh, learned counsels for the appellants as well as Mr. Sudeep Seth, learned counsel for the respondents.
(2.) INSTANT appeal is directed against the order dated 1st January, 2014, passed by the District Judge, Lucknow on the application for temporary injunction filed in Regular Suit No. 134 of 2012. By means of order impugned, the learned District Judge has allowed the respondents/plaintiffs' application for temporary injunctions. The facts which are essential to be exposited are that the respondents -plaintiffs instituted a suit being Regular Suit No. 134 of 2012 before the District Judge, Lucknow for permanent injunction restraining the appellants -defendants from infringement of Copyright Act, 1957 (hereinafter referred to as Copyright Act), rendition of accounts, delivery of infringing copies etc. in which they also sought an interim relief of the same nature till disposal of the suit. The respondent No. 1/plaintiff No. 1 claims itself owner and publisher of law report " Supreme Court Cases" and further owns all the copy rights subsisting therein. The respondents/plaintiffs also claim to be publishers and distributors of SCC online Case Finder on Cdrom and its web edition and the web -sites www.ebc -india. com and www.sconline.com.
(3.) RESPONDENT -plaintiffs submitted that edition of SCC is based on the Editors reading of the whole judgment and understanding of the question of law and facts involved. They determine whether to label it as "concurring", " partly concurring", "dissenting" or "partly dissenting" or "supplementing" etc. They also uniform the paragraphs of the judgment by separating it in seriatim of multiple opinions and in case any opinion refers to its own para number (s) internal referencing is done. In these tasks the Editor uses sound judgments creativity and legal skill. A very significant role done by the Editor is to input the references, clarification and explanation to the raw text of the judgments, either in the text or as a footnote and most importantly he put the editorial notes and its comments. For easy and quick understanding of the case the editor culls out various rulings laid down in each case, which makes available to the readers the law laid down under different statutes.;