Calcutta High Court Upholds Injunction in Narayan Debnath Copyright Dispute
The Calcutta High Court has delivered a significant ruling in a high-profile copyright case involving the literary and artistic works of the late legendary author Narayan Debnath. A division bench comprising Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya dismissed the appeal filed by Dev Sahitya Kutir Publishing House, thereby upholding the district court's ad interim injunction. This order effectively restrains the publisher from printing, selling, distributing, retailing, or circulating Debnath's works in any form, including physical books and through online portals and e-commerce platforms, until at least February 9.
Legal Heirs' Standing Upheld by the Court
The core legal contention from the publishing house centered on the locus standi of the plaintiffs—Archana Debnath, the author's widow, and one of his sons. The appellants argued that under Section 213 of the Indian Succession Act, 1925, no rights as an executor or legatee could be established in a West Bengal court without probate being granted. However, the High Court firmly rejected this argument in its January 21 order.
"The widow, in the capacity of executor, and the son of the author, as legatee of the will of the late Narayan Debnath, are fully entitled to maintain the suit even before the probate is granted," the court stated. The bench further clarified that the suit is maintainable both in their roles as executor/legatee and as heirs of the deceased testator, despite not representing all heirs.
Key Legal Findings on Copyright Infringement and Limitation
The court addressed several procedural and substantive legal points raised by the publisher's counsel, Senior Advocate Saptansu Basu:
- Continuing Cause of Action: The court emphasized that in copyright infringement cases, the cause of action is continuing in nature and arises de die in diem (from day to day). This means each day of alleged infringement constitutes a fresh cause of action.
- Limitation and Procedural Bars: Consequently, the court ruled that the bar under Order IX Rule 9 of the Code of Civil Procedure—which deals with dismissal for default—does not apply. The present suit is based on a fresh and subsequent cause of action, not the "self-same" cause as a previous suit filed by Debnath himself, which was withdrawn on jurisdictional grounds.
- Ad Interim Stage Considerations: At this preliminary, ex parte stage, the court noted that the trial judge must proceed on the premise that the averments in the plaint are sacrosanct, as no rebuttal is yet on record.
The bench made it clear that these observations are not conclusive for later stages and that the trial judge should decide the injunction application and the main suit on their own merits without undue influence.
Background of the Copyright Dispute
The case originated from a plea filed by Archana Debnath and her son in the district court at Alipore. They alleged that Dev Sahitya Kutir was infringing upon the copyrights of Narayan Debnath's iconic works. The petitioners contended that a 2012 agreement between the author and the publisher was valid for only two years, yet the publisher continued to use the works without paying adequate royalties thereafter.
On January 9, the Alipore district court granted the ad interim injunction, which the publisher challenged in the High Court, citing extreme urgency as the order was obtained just a day before the commencement of a major book fair on January 22.
Representing the legal heirs, Senior Counsel Sardar Amjad Ali submitted that Debnath had earlier filed a suit in Howrah but withdrew it due to jurisdictional issues. The publisher's counsel argued there was gross suppression of material facts and that the suit was barred by limitation and procedural rules. These arguments were ultimately dismissed by the High Court bench.
This ruling underscores the judiciary's role in protecting intellectual property rights and affirming the legal standing of heirs in copyright enforcement, setting a notable precedent for similar cases in India's publishing industry.
