CONTENT: CIVIL SUITS ON RECOVERY OFDAMAGES AND INJUNCTION WITH

AFFIDAVIT

IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 132 of 2020

IN THE MATTER OF:

SH. ABC …..… PLAINTIFF

VERSUS

SH. X ………. DEFENDANT

INDEX

SL.No. PARTICULAR COURT FEE PAGES

1.
MEMO OF PARTIES

2. SUIT FOR PERMANENT

INJUNCTION AND RECOVERY
OF DAMAGES FOR INFRINGEMENT
OF COPYRIGHT ALONGWITH
SUPPORTING AFFIDAVIT

3.
LIST OF DOCUMENTS

ALONGWITH DOCUMENTS

4.
VAKALATNAMA

PLAINITFF

Place: Through
Date: Sd/- ( Advocate)
 IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 132 of 2020

IN THE MATTER OF:

SH. ABC …. PLAINTIFF

VERSUS

SH. X …DEFENDANT

MEMO OF PARTIES

In Re:

SH. ABC, s/o A, r/o Lucknow …..PLAINTIFF

Versus

Sh. X, s/o XYZ, r/o Kolkata …… DEFENDANT

PLAINTIFF

Place: Through

Date: Sd/- ( Advocate)

 IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 132 of 2020

SUIT FOR PERMANENT INJUNCTION AND RECOVERY OF DAMAGES FOR

INFRINGEMENT OF COPYRIGHT

Sir,

The Plaintiff above-named respectfully submits as under:

1. The plaintiff is the author of several books, one of those books is called “Letters to a
law student”, for which he has obtained a copyright.
2. The defendant is a production company, with its registered office in Kolkata. It is
engaged in the business of producing plays and dramas.
3. On 20th February, 2020 Mr X, the Managing director of the defendant met the plaintiff
and offered to produce a film based on the aid drama. The said Mr X represented to
the plaintiff that the manuscript has to be evaluated by certain critics, and for this
purpose, if the manuscript was handed over to him, it would be returned to the
plaintiff within seven days. The price of the manuscript was to be mutually agreed
upon after the return of the manuscript, as aforesaid.
4. Accordingly, on 27th February 2020 the plaintiff handed over to Mr X, the entire
manuscript of the said drama, after obtaining a receipt signed by Mr X. Hereto
annexed and marked Exhibit ’A’ is a copy of the said receipt.
5. The defendant however failed and neglected to return the said manuscript to the
plaintiff, even after the expiry of the said period of seven days. The plaintiff then sent
three registered letters to the defendant on 10th March 2020 and 20th March 2020
demanding the return of the said manuscript. Hereto annexed and marked Exhibit ‘B’
(collectively) are copies of the said two letters. No reply has been received till date to
the said two letters. The defendant has also not returned the said manuscript to the
plaintiff.
6. On 1st April 2020, The plaintiff came to know that the defendant has, without the
permission or consent of the plaintiff, reproduced the entire drama of the plaintiff in
its film entitled, “Letters”, having changed only the names of the characters. The
plaintiff is informed that the defendant is making arrangements to exhibit this film all
over the country.
 7. The plaintiff submits that, in view of what is stated above, the defendant has infringed
the copyright of the plaintiff, and is liable to compensate the plaintiff in respect
thereof. The plaintiff is also entitled to a permanent injunction restraining the
defendant from exhibiting the said film, “letters” under that, or any other name.
8. The cause of action arose on 1 April 2020 and also subsequently till date, during
which the period of infringement has continued. The suit is therefore not barred by the
law of limitation.
9. The value of the suit for the purpose of court fees in respect of the permanent
injunction is Rs 1 crore and in respect of compensation is Rs 2 crore. The plaintiff has
accordingly paid Rs 30000 as court fees, and undertakes to pay further curt fees if the
same becomes necessary after accounts are rendered.
10. The defendant’s registered office is in Kolkata, and a manuscript was also handed
over to the defendant in Kolkata. The infringement of the copyright has also taken
place in Kolkata. This Hon’ble court thus has jurisdiction to entertain, try and dispose
of the present suit.

PRAYER

The plaintiff therefore prays:

a) that a permanent injunction be passed against the defendant, restraining it
from exhibiting the film “letters” by that or any other name and from entering
into, or continuing and contract for exhibition thereof.
b) that the defendant be directed to render true and full accounts of all the profits
made by it from the exhibition of the said film, and to hand over such amount
to the plaintiff.
c) that the defendant be directed to pay the costs of the suit, and
d) that such further and other orders may be passed by this Hon’ble Court as
may be deemed necessary or expedient in the facts and circumstances of the
case.

PLAINTIFF

Place: Through

Date: Sd/- ( Advocate)

 VERIFICATION

Verified at Delhi on 7th April, 2020, that the contents of above affidavit are true to my
own knowledge and nothing material has been concealed therefrom.
Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 132 of 2020

In Re:

SH. ABC, s/o A, r/o Lucknow …..PLAINTIFF

Versus

Sh. X, s/o XYZ, r/o Kolkata …… DEFENDANT

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

The Defendant submits his para wise reply to the plaint as follows:

PRELIMINARY OBJECTIONS:

1. That this Hon’ble Court has no jurisdiction to entertain the subject matter in the
present suit.
2. That the suit has not been properly valued for the purpose of the court fees and
jurisdiction and is therefore liable to be rejected out rightly.
3. That there is absolutely no cause of action in favor of the plaintiff and against the
defendant. The suit is therefore liable to be rejected on this ground also.
4. That the suit has not been properly verified in accordance with the law.
5. That the plaintiff has filed the present suit to defame the defendant and is trying to
seek undue advantage from the defendant.
ON MERITS:

Without prejudice to the preliminary objection stated above, the reply on merits, which is
without prejudice to one another, is as under:

1. That para 1 is correct and is thereby admitted.

2. That the contents of para 2 of the plaint are absolutely correct and is thereby admitted.
3. That the contents of para 3 of the plaint are absolutely correct and is thereby admitted.
4. That the contents of para 4 of the plaint are absolutely correct and is thereby admitted.
5. That the content of para 5 are incorrect as the defendant has returned the copy of the
manuscript to the plaintiff. The defendant never received any letter from the plaintiff.
6. That the content of the para 7 of the plaint that, defendant has copied the manuscript
are false.. If the content of the paragraph are true than the defendant is ready to
compensate to the plaintiff. Else, all the allegation are denied by the defendant.
7. That the content of para 7 are not admitted. The defendant did not infringe any
copyright and is not liable to compensate to the plaintiff.
8. That the contents of para 8 are not admitted. The defendant submits that no cause of
action of any nature has accrued to the plaintiff against defendant and hence the same
is hereby denied. That the content of para 8 are not correct. The defendant submits
that the plaintiff is not entitled to any relief of whatsoever nature.
9. That para 9 is not admitted. The suit has not been properly valued for the purposes of
court fees and jurisdiction.
10. That the contents in para 11 are false. the Hon’ble Court does not have the jurisdiction
to entertain the present suit. The suit of the plaintiff is not legal, not valid and hence
not tenable at law.

PRAYER
It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

(a) Dismiss the suit of the plaintiff in toto.

(b) Award costs to the defendant from the plaintiff for causing mental agony.

(c)Pass any other just and equitable order as deemed fit in the interest of justice.

DEFENDANT

Place: Through

Date: Sd/- ( Advocate)

VERIFICATION

Verified at Delhi on 17th April, 2020, that the contents of para no. 1 to 10 of the
Written Statement are true to my own knowledge and nothing material has been
concealed therefrom.

Defendant

IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 132 of 2020

In Re:

SH. ABC, s/o A, r/o Lucknow …..PLAINTIFF

Versus

Sh. X, s/o XYZ, r/o Kolkata …… DEFENDANT

AFFIDAVIT

I, Sh. X, s/o XYZ, r/o Kolkata, hereby solemnly affirm and state as under:

1. That I am the defendant in the accompanying suit and well conversant with the facts and
circumstances of the present suit, I am also fully competent to swear and affirm the
present affidavit.
2. That I have read the Written Statement for permanent injunction and gone through in my
vernacular, and therefore declare and affirm them as true and correct to my knowledge
and belief.

DEPONENT

VERIFICATION
Verified at Delhi on this 17th day of April 2020 on solemn affirmation that the contents of this affidavit are true and correct and
nothing has been concealed therefrom.

DEPONENT

1.