MOUSHUMI BHATTACHARYA,J. - (1.) This is an application filed by the plaintiffs under Order XIII-A of The Civil Procedure Code, as amended by The Commercial Courts Act, 2015, for Summary Judgment.
(2.) In the present application, the plaintiffs have claimed a decree for Summary Judgment for a sum of Rs.90,01,828/- for the period 2011-2012 on account of outstanding royalty and for a sum of Rs.1,50,02,790/- for the period 2012-2013 and 2013-2014together with interest at 18% per annum on the amounts taken cumulatively. The plaintiffs rely on the amended Order XIII-A as introduced by the Commercial Courts Act for seeking the relief as stated.
(3.) The plaintiffs are the daughter and the son-in-law, respectively, of one Dr. Durlav Chandra Dutta, who was the Head of the Department of Obstetrics and Gynaecology, Nil Ratan Sarkar Medical College and Hospital, Kolkata and wrote several textbooks on Obstetrics and Gynaecology during his lifetime. The plaintiffs' claim relates to royalties from the sale and publication of the textbooks after the death of Dr. Durlav Chandra Dutta. The plaintiffs claim that the late Dr. Durlav Chandra Dutta granted a nonexclusive licence, which was terminable in nature, to the father of the defendant no.2 to publish the textbooks for certain territories. The defendants refute the claims and the basis thereof.;