Moushumi Bhattacharya, J. - (1.) This is an application filed by the defendants for deletion of the name of the second plaintiff Dr. Hiralal Konar, on the ground that he has been improperly added to the array of parties to the suit.
(2.) The instant suit is for a decree of Rs. 3,62,46,902/-for recovery of outstanding royalty and other amounts payable to the plaintiffs on account of, what the plaintiffs allege, to be wrongful acts on the part of the defendants.
(3.) There are two plaintiffs in the suit. The case made out in the plaint is this; the plaintiff no. 1 is the daughter of Dr. Durlav Chandra Dutta, since deceased; the plaintiff no. 2 is the son-in-law of Dr. Durlav Chandra Dutta and is married to the plaintiff no. 1. The cause of action pleaded by the plaintiff against the defendant centres around textbooks written by Dr. Durlav Chandra Dutta who was a professor and the Head of Department of Obstetrics and Gynaecology, Nil Ratan Sarkar Medical College and Hospital, Kolkata. During his lifetime Dr. Dutta wrote several textbooks including a Textbook on Obstetrics and a Textbook on Gynaecology. The said textbooks were original literary works within the meaning of the Copyright Act, 1957 and the late Dr. Durlav Chandra Dutta was the first owner of copyright therein. By an agreement dated 7th November 1981, Dr. Dutta permitted one Jogendra Nath Sen, since deceased and the father of the defendant no. 2, to publish the textbooks written by Dr. Dutta under the caption "Textbook of Obstetrics" and "Textbook of Gynaecology" in English on the terms and conditions contained in the said agreement. The agreement stipulated that the copyright in the textbooks would remain solely with Dr. Dutta. A later textbook published on Obstetrics in 1983 and a new textbook on Gynecology written in 1989 were also given to Jogendra Nath Sen to print and publish on the same terms and conditions as stated in agreement aforesaid. Royalty payable in relation to the said textbooks was paid to Dr. Dutta during his lifetime and after his death on 29th December 1995 to his widow and his daughter (the first plaintiff) as the surviving legal heirs. Upon the death of the wife of Dr. Dutta on 7th April 2008, the plaintiff no. 1 became the sole owner of the copyright in the textbooks and entitled to obtain royalties for the said textbooks. The defendant no. 2 continued the business of his parents under the name of New Central Book Agency. Subsequently, the business of the said firm was taken over by the defendant no. 1 and the defendant no. 1 continued as the publisher of the said textbooks. After the death of Dr. Dutta and his widow, the payment of royalty to the plaintiff no. 1 was delayed and the defendants failed to provide full and proper accounts of sale of the said textbooks. The defendants finally made over statements of royalty to the plaintiff no. 1 accrued over different periods of time from which it would appear that the outstanding amount for the period 2010- 2011 as well as for subsequent years amounting to Rs. 1,00,01,828/- (Rupees one crore one thousand eight hundred and twenty eight only) had not been paid by the defendants to the plaintiff no. 1. By way of a letter dated 6th November 2013, the defendants assured the plaintiffs that they would pay Rs. 1 crore by August, 2013 and the balance amount by March, 2014. The defendants, however, failed to honour such commitment and instead made payments amounting to Rs. 84,93,563/- till September 201 After giving credit for the payments received from the defendants, the plaintiff claims a sum of Rs. 3,62,46,902/-(being the decretal amount) on account of outstanding royalty and Rs. 1,22,42,332/- on account of interest thereon at 18 % per annum as well as compensation of 2 crores from the defendants. The plaintiffs rely on a letter dated 6th November 2013 from the defendants admitting sale of the textbooks in countries outside India and that 2 crores remain due and owing to the plaintiff on account of royalty for the periods 2010-11 and 2011-12. The plaint also mentions a title suit instituted by the defendants for declaration and injunction challenging the termination of an agreement entered into between the plaintiff and one Jaypee Brothers Medical Publishers. The application for interim relief filed by the defendants in the said title suit was dismissed by an order dated 11th March 2014 and an appeal filed therefrom was also dismissed on 5th November 2014, A Special Leave Petition filed against the order dated 5th November 2014 was disposed of without interfering with the said order. The defendants' license to print and publish the textbooks of Dr. Dutta has been terminated and the defendants have no right to print and publish the same any more.;