BRIGADIER MAN MOHAN SHARMA, FRGS (RETD.) versus LT. GEN. DEPINDER SINGH

Citation: [2008] 16 S.C.R. 701 · Decided: 26-11-2008 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2008] 16 S.C.R. 701 
~ 
BRIGADIER MAN MOHAN SHARMA, FRGS (RETD.) 
A 
v. 
LT. GEN. DEPINDER SINGH 
(Civil Appeal No. 6853 of 2008) 
NOVEMBER 26, 2008 
B 
[ALT~MAS KABIR AND MARKANDEY KAT JU, JJ.] 
"" 
Arbitration and Conciliation Act, 1996 - ss. 8 and 11 -
Agreement for publication of book - Publisher refusing to take c 
out further edition of the book - Reprint of the book taken out 
by another publisher with the consent of the original publisher 
without acknowledging that reprint was with the permission of 
the original publisher - Notice by original publisher to desist 
from distributing parallel edition of the book - Author of the 
book cancelling the agreement - Application by the original 
D 
publisher for reference of the dispute to arbitration -
> 
Designated Judge as well as Division Bench of High Court 
t 
denied the reference in view of pending suit by the new 
publisher having identical issues -
On appeal, held: 
Termination of agreement and commercial ramification on 
E 
account of publication by the new publisher are matters 
between the original publisher and the author of the book -
These issues cannot be decided in the suit by the new 
publisher - Designated Judge wrongly applied principle of 
, 
estoppal - He was only required to examine as to whether any 
F 
-+ 
dispute existed between the parties to be referred to 
arbitration. 
Respondent author of a book entered into a 
publication agreement with a Publisher for publishing a 
G 
book. In the agreement, the respondent had assigned his 
~ 
exclusive rights for production and publication of the 
book to the. Publisher. First Edition of the book was 
published. Thereafter, appellant acquired the business 
interest of the Publisher. Appellant published the second 
701 
H 
702 
SUPREME COURT REPORTS 
[2008] 16 S.C.R. 
A edition of the b·ook. Thereafter he showed his 
unwillingness to publish further edition or to reprint. He 
also advised the respondent to authorize one 'B' to 
publish the book. The respondent, thereafter authorized 
the sole proprietor of 'N' Publishers to print and publish 
B the book. Appellant also permitted the Publisher 'N' to 
reprint the book. Further the appellant wrote that 
although he had given his consent to reprint the copies 
of the book,. but the reprint would have to mention that it· 
was with the leave and concurrence with the appellant. 
c Publisher 'N' published the book without acknowledging 
the fact that it was with the leave of the appellant. 
Appellant sent a report to Copy Right Board in terms 
of s.19A of Copy Right Act stating that publication by 'N' 
Publishers amounted to piracy and paradigm. Appellant 
D also issued a notice to the respondent and to the 
proprietor of 'N' Publishers requiring them to desistfrom , 
distribution of .the parallel edition of the book. The 
respondent, instead, terminated the agreement. Appellant 
filed application u/ss. 8· and 11 of Arbitration and 
E Conciliation Act, 1996 invoking arbitration clause· of the 
agreement. 
Designated Judge dismissed the application on the 
grounds that the appellant was estopped from raising the 
F dispute; there was hardly any dispute which nee~ed 
further reference to arbitrator; and that the pending suit 
filed by the sole proprietor of 'N' Publishers was having 
identical issues .. The Division Be.nch of High Court 
upheld the order of Designated Judge in view of the 
G pending suit to avoid conflicting decisions. The applicant 
field the appeal. 
. Allowing the appeal, the Court 1 . 
. 
HELD:1. A Publi~~tion'' Agreement had been 
H executed between. the appellant .and the respondent, by 
·+ 
' 
704 
SUPREME COURT REPORTS 
[2008) 16 S.C.R. -
A 
Anjali Sharma; M.S. Vinaik, Brajesh Kumar and Ajay. 
Kumar Talesara for the Appellant. 
Dr. Roxna Swamy, Ramesh Keshwani (for MIS. Keswani 
& Co:) for th~ Respondent. 
-
B 
The Judgment of the Court was delivered by 
ALTAMAS KABIR, J. 1. Leave granted. 
2. The respondent herein, Lt. General Depinder Singh 
C (Retd.), entered into a Publication Agreement wi_th Dattatreya 
Prakashan in September, 1991, for publication of his book titled 
"IPKF in Sri Lanka" regarding his experiences while_ leading 
the Indian Peace Keeping Force in_ Sri Lanka. Pursuant to the 
said Agreement, the first edition of the book was published in 
1991.' In paragraph 2 of the said Agreement, whereby the 
D respondent assigned his exclusive rights for production and 
publication of the book to Dattatreya Prakashan, it was 
i

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