Calcutta HC Stays Ex-Parte Injunction On Sale Of Books Of Veteran Cartoonist Narayan Debnath, Rs 7 Lakhs Deposit To Be Paid To Legal Heirs By Publisher

The Calcutta High Court on Tuesday imposed a stay on an ex-parte injunction issued by a trial Court in favour of the elder son of renowned illustrator Late Narayan Debnath against a publisher claiming infringement of copyright of several works of his deceased father. 

Narayan Debnath was a legendary illustrator, cartoonist and writer who was famous for creating several popular Bengali comic strips such as Bantul the Great, Handa Bhonda, Nonte Fonte among several others. He passed away on January 18, 2022. 

A Bench comprising Justice Ajoy Kumar Mukherjee and Justice Soumen Sen was apprised by the appellant publisher that the injunction application was moved ex parte on February 24, 2022 with the oblique motive to prevent the appellant from selling books authored by Late Narayan Debnath just before the commencement of the International Kolkata Book Fair, 2022. 

Opining that it is natural for disputes to crop up after the death of such a famous illustrator, the Bench remarked, 

"He was immensely popular and for generations of Bengalies, a Narayan Debnath comic strip exudes nostalgia. It is thus only natural that after his death there will be disputes regarding his copyright and royalty. There is huge demand for his books during the Book Fair as admitted on behalf of the publisher appellant."

The Bench observed that the concerned trial Court should not have issued the ex parte ad-interim order without giving an opportunity of hearing to the publisher especially considering the fact that the Book Fair was to commence shortly and that such an order of injection would cause irreparable injury to him. 

"We are not convinced that the plaintiff was not aware of the proceedings before the Commercial Bench at Alipore and also do not appreciate the timing of filing of the said suit before the Trial Court in which an application was moved ex parte just before the commencement of the Book Fair in which the impugned order was passed. The conduct of the plaintiff cannot be said to be above board. The learned Trial Judge, in our view, ought not to have passed an ex parte ad-interim order without giving an opportunity of hearing to the persons likely to be affected by such order of injunction, keeping in mind, that the Book Fair was to commence shortly and any such order may cause irreparable injury to the publisher", the Court opined. 

However, taking into consideration that the appellant is obligated to pay royalties to the legal heirs of the deceased illustrator unless their inter se disputes are settled, the Court ordered the appellant to pay an amount of Rs 7 lakhs by March 14, 2022. 

"..we direct the appellant to deposit a sum of Rs.7 lacs to the credit of the suit, namely, T.S. 448 of 2022 on or before 14th March, 2022. The learned Trial Judge is directed to deposit the said amount in a suitable interest bearing fixed deposit account yielding highest return until further orders", the Court directed further. 

The appellant was also directed to file an affidavit by March 17, 2022 disclosing the sale proceeds of the books of Late Narayan Debnath since his death till 14th March, 2022. A proper account shall be maintained separately in respect of the sell of books of Late Narayan Debnath until further orders, the Court directed further. 

In this regard, the Court cautioned, "We make it clear that if we find that such statements are untrue, the appellant shall be dealt with appropriately for filing a false affidavit on oath."

Imposing a stay on the impugned order of injunction, the Court observed further, 

"The order of stay of operation of the impugned order shall remain stayed unconditionally till 14th March, 2022 and in the event the said amount is deposited within the aforesaid period, the stay of operation of impugned order shall continue till the disposal of the appeal."

The counsel appearing for the appellant submitted before the Court that the appellant has the exclusive copyright in respect of several works of deceased illustrator Narayan Debnath and all royalties payable to the legal heirs of the deceased illustrator were, in fact, paid by the publisher. He further argued that the impugned order of injunction had been issued despite suppression of material facts. It was also contended that the order of the concerned Commercial Court at Alipore would show that the Court had recognized the right of the appellant to publish the works of Late Narayan Debnath.

On the other hand, the counsel for the respondent contended that the suit for injunction had been filed since royalties were not paid to the son or other family members of Late Narayan Debnath. 

Taking into consideration the submissions made, the Bench opined that although the appellant had relied upon a will claimed to have been made and published by Narayan Debnath during his lifetime, since probate had not yet been granted by a competent Court the appellant cannot escape payment of royalties to the legal heirs of the said deceased before commercially exploiting such rights.

"There is a great possibility of huge sale of his works during the Book Fair and in the event the interest of the legal heirs of Sri Narayan Debnath is not protected, it may cause irreparable loss and prejudice", the Court opined further. 

The matter is slated to be heard next on March 21. 

Case Title: Sankar Mondal v. Swapan Debnath & Ors

Case Citation: 2022 LiveLaw (Cal) 73

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