R.C.Lahoti, J. - (1.)This is an application seeking grant of an ad interim injunction in a suit filed by the plaintiff seeking relief of permanant ajunction restraining the defendants No. 1 and 2 from publishing, printing or selling 3pics of question papers and for rendition of account delivering up etc. complaining of infringement of plaintiffs copyright by defendants No. 1 and 2.
(2.)The plaintiff Rupendra Kashyap is proprietor of M/S Som Sudha Prakashan dealing in publication of educational books. According to the plaintiff, he is an exclusive licensee of the Central Board of Secondary Education, defendant No.3 (hereinafter, CBSE for short) in respect of past year's question papers prescribed for class X and XII examinations being conducted year tyear from 1990 onwards by defendant No.3 and therefore is the owner of the copyright under section 54 of the Copyright Act 1957. No one other than the plaintiff could publish, print, reprint, reproduce sell or offer for sell in any form the past years' question papers of the examinations conducted by defendant No.3. However, in breach of the rights of the plaintiff, defendants 1 and 2 are publishing question papers of the CBSE's examinations which is an infringement of the plaintiffs copyright.
(3.)The CBSE defendant No.3 has supported the plaintiff. According to it no person other than the plaintiff could print, reprint, produce or reproduce, publish, distribute, circulate, sale or offer to sell, past years question papers of CBSE except the plaintiff in accordance with the terms of agreement entered into between the plaintiff and CBSE.