I must mention that though the learned advocate appearing on behalf of the Plaintiff canvassed arguments to the effect that the author of the copyright in the artistic work “CLASSIC” is the grandmother of the Plaintiff - JANVI and not JANVI herself, none of the documents or pleadings in the Plaint support her case. In view of the detailed discussion set out earlier in this judgment I am clearly of the view that the Plaintiff has approached this Court with a completely false case. These entire proceedings are nothing short of an abuse of the process of the Court. I have no hesitation in saying that these proceedings have been filed only to try and extract monies from the Defendant. It's what I would call a nuisance litigation. The Plaintiff has no real prospect of succeeding in the above Suit and I find no other compelling reason why the above Suit cannot be disposed of before recording oral evidence. I am, therefore, clearly of the view that the Defendant is entitled to a summary judgment of dismissal of the above Suit under the provisions of Order XIII-A of the CPC. {Para 30}
In the High Court of Bombay
(Before B.P. Colabawalla, J.)
Interim Application (L) No. 6771 of 2020
In
Commercial (IP) Suit No. 242 of 2015
In the Matter Between
Jayant Industries Vs Indian Tobacco Company .
Decided on January 11, 2022,
Citation: 2022 SCC OnLine Bom 64 : (2022) 89 PTC 255 : (2022) 4 AIR Bom R 641
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