Declaratory Suit Deemed a Commercial Dispute; Jurisdictional Errors Highlighted
In a significant judgment dated May 11, 2026, the Division Bench of the Calcutta High Court comprising Justices Sabyasachi Bhattacharyya and Biswaroop Chowdhury overturned a lower court's order granting an ad interim injunction in a declaratory suit concerning alleged copyright infringement in a Chemistry book. The court determined that the suit, initially filed as a regular civil matter, should have been treated as a commercial dispute under the Commercial Courts Act, 2015 due to its intellectual property rights implications.
The case, titled "Sri Gourdas Saha v. Sri Dipankar Majumdar," involved the appellants, Sri Gourdas Saha and another, challenging the respondent's claims that their Chemistry book contained chapters authored by the respondent without proper attribution or permission. The respondent had sought declaratory relief based on alleged copyright infringement, framing the suit in a manner that did not reflect its commercial nature.
Central to the High Court's decision was the interpretation of Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015, which categorizes disputes involving intellectual property rights as commercial disputes. The court found that the plaintiff's claims were rooted in the Copyright Act, 1957, specifically Sections 55 and 57, indicating a clear basis for treating the case as a commercial dispute. Consequently, the suit's filing in a regular civil court was deemed improper.
Moreover, the High Court criticized the lower court's failure to provide specific reasons for granting the ad interim injunction, as mandated by Order XXXIX Rule 3 of the Civil Procedure Code. The absence of detailed justification for the urgency of the injunction led to the vitiation of the order.
The judgment highlighted procedural errors and jurisdictional oversights, emphasizing that the trial court acted without appropriate authority. The appellants argued that the trial court’s decision to restrain them from publishing the book without attributing authorship to the respondent lacked jurisdictional validity and proper reasoning.
While the respondent contended that there was no specific commercial court designated in the City Civil Court at Calcutta, the High Court clarified that commercial suits should be assigned based on territorial jurisdiction, even in the absence of explicit notifications.
The High Court refrained from delving into the merits of the copyright claims, focusing instead on the jurisdictional and procedural lapses. The impugned order was ultimately set aside, with the case remanded for proper handling in line with its commercial dispute nature.
This ruling underscores the importance of correctly categorizing disputes involving intellectual property rights and adhering to procedural mandates in granting injunctions.
Bottom line:-
A declaratory suit involving claims of copyright infringement in a Chemistry book falls within the purview of "commercial disputes" under Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015, requiring it to be filed in a designated Commercial Court.
Statutory provision(s):
Commercial Courts Act, 2015 Section 2(1)(c)(xvii), Copyright Act, 1957 Sections 55, 57, Civil Procedure Code, 1908 Order XXXIX Rule 3
Sri Gourdas Saha v. Sri Dipankar Majumdar, (Calcutta)(DB) : Law Finder Doc id # 2896826
