9911796707
TMI Blog2014 (1) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... nacted on 30th December, 1999, it came into force on 15th September, 2003 vide S.O. 1048(E), dated 15th September, 2003, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 15th September, 2003. Since the suit in this case was filed on 19th March, 2001, it would be adjudicated under the 1958 Act. The 1958 Act does not contain a provision similar to the provision contained in Section 62(2) of the 1957 Act. Parliament being aware of the provisions of the 1957 Act still did not incorporate the same in the 1958 Act. Therefore, it can not be read into the 1958 Act by implication. The High Court had correctly concluded that the suit of the plaintiff (appellant) was a composite one. Plaintiff has filed the suit on 19th March, 2001, but the 1999 Act was not enforced till 15th September, 2003. In our opinion, the High Court has passed the order in exercise of its discretionary powers taking into consideration the entire facts and circumstances of the case. The discretion exercised by the High Court can not be said to be either erroneous or perverse. It has been exercised only to avoid multiplicity of litigation. The defendant (respondent) could not dispute that in so far ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t by order dated 16th June, 2004, allowed the civil revision and directed the trial court to determine the issue of territorial jurisdiction afresh. 5. In view of the aforesaid directions issued by the High Court, the trial court treated the issue with regard to the jurisdiction as the preliminary issue. Upon consideration of the entire matter again the trial court in its order dated 6th October, 2004 held that it has the jurisdiction to entertain the suit in view of Section 62(2) of the 1957 Act. The petitioner challenged the aforesaid order in the High Court by filing C.R.P. No. 1417 of 2004. The High Court, upon consideration of the matter has, by the impugned order dated 15th March, 2011, held as under:- The court below held in the order impugned that the suit as such is maintainable before the District Court, Kottayam. That finding is not correct in view of the decisions of the Supreme Court referred to above. Accordingly, the order passed by the court below is set aside. The plaintiff is given liberty to amend the plaint, so that the suit will be maintainable before the District Court, Kottayam, in the light of the principles laid down by the Supreme Court in the aforesa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wered the question as to what would be meant by a composite suit? Answering the aforesaid question, this Court has held that the ratio in the case of Dhodha House (supra) is that the provisions contained in Section 62(2) of the 1957 Act have been specially designed to confer an extra benefit upon the parties who were not in a position to initiate copyright proceedings in two different courts. In other words, it prescribes an additional ground for attracting the jurisdiction of the court over and above the normal grounds as laid down in Section 20 of the Code of Civil Procedure, 1908. Mr. Dave also pointed out that there is an earlier judgment of this Court in Exphar SA vs. Eupharma Laboratories Ltd. (2004) 3 SCC 688 in which it has been held that a composite suit would be maintainable where the plaintiff resides in view of the provisions of the 1957 Act. In Dabur India s Case, it has been incorrectly observed that the case of Exphar SA (supra) was not considered in Dhodha House (supra). Therefore, according to the learned counsel, there is a slight confusion and conflict between the decision in Exphar and Dhodha House on the one hand and Dabur case on the other. It is, therefore, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d entertain this suit at Kottayam having regard to the provisions of Section 62(2) of the Copyright Act for the plaintiff carries on business and resides within the territorial jurisdiction of this Hon ble Court. 15. The aforesaid averments make it abundantly clear that even the plaintiff was aware that the court at Kottayam will have no jurisdiction under the 1958 Act, but tried to camouflage the same by confusing it and mixing it up or intermingling it with the relief contained under the 1957 Act. From the averments made in the plaint, it is apparent that the plaintiff had filed a composite suit. Such a suit would not be maintainable unless the court has jurisdiction to entertain the suit in relation to the entire cause of action and the entire relief. 16. We have noticed earlier that the issue is no longer res integra. The same issue has been examined in Dhodha House (supra). In paragraph 43, this Court formulated the question for consideration which is as under: 43. The short question which arises for consideration is as to whether causes of action in terms of both the 1957 Act and the 1958 Act although may be different, would a suit be maintainable in a court only beca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . What then would be meant by a composite suit? A composite suit would not entitle a court to entertain a suit in respect whereof it has no jurisdiction, territorial or otherwise. Order 2 Rule 3 of the Code specifically states so and, thus, there is no reason as to why the same should be ignored. A composite suit within the provisions of the 1957 Act as considered in Dhodha House1, therefore, would mean the suit which is founded on infringement of a copyright and wherein the incidental power of the court is required to be invoked. A plaintiff may seek a remedy which can otherwise be granted by the court. It was that aspect of the matter which had not been considered in Dhodha House but it never meant that two suits having different causes of action can be clubbed together as a composite suit. 19. We see no conflict in the ratio of law laid down in the aforesaid two cases. In both the cases, it has been held that for the purpose of invoking the jurisdiction of the court in a composite suit, both the causes of action must arise within the jurisdiction of the court which otherwise had the necessary jurisdiction to decide all the issues. However, the jurisdiction cannot be conferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the District Court only to cases where the person instituting the suit or other proceeding, or where there are more than one such persons, any of them actually and voluntarily resides or carries on business or presently works for gain. It prescribes an additional ground for attracting the jurisdiction of a court over and above the normal grounds as laid down in Section 20 of the Code. 32. There cannot be any doubt whatsoever that Parliament having inserted sub-section (2) in Section 62 of the 1957 Act, the jurisdiction of the court thereunder would be wider than the one under Section 20 of the Code. The object and reasons for enactment of sub-section (2) of Section 62 would also appear from the report of the Committee, as has been noticed by this Court being a provision which has been specially designed to confer an extra benefit upon the authors who were not in a position to instate copyright infringement proceeding before the courts. It is in the aforementioned context the law laid down by this Court in para 13 of Dhodha House must be understood. 33. If the impediment is sought to be removed by inserting an incidental provision, there cannot be any doubt the court c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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