HC upholds interim injunction on Narayan Debnath’s works

Kolkata: The Calcutta High Court has upheld an interim injunction restraining a publishing house from printing, selling or distributing the literary and artistic works of late cartoonist Narayan Debnath, holding that a copyright infringement suit can be maintained even before probate of a will is granted.

Dismissing the publisher’s appeal, a Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim

Bhattacharya affirmed an ad-interim order of a district court barring further publication of the works in any form, including through online and e-commerce platforms.

The court held that although final rights under a will cannot be conclusively asserted without probate in West Bengal, an executor or legatee is entitled to approach the court to protect and defend the estate of the deceased. Such steps, the Bench said, are “intermediate acts” that stand validated once probate is granted. It also noted that the plaintiffs were heirs of the author, which independently entitled them to maintain the suit. Rejecting objections based on delay and prior litigation, the court observed that copyright infringement gives rise to a continuing cause of action accruing day to day. As a result, a previous suit dismissed for default does not bar a fresh action based on subsequent acts of infringement, nor does delay defeat an interim injunction.

The Bench further found no material suppression of facts by the plaintiffs and held that damages could not be adequately assessed at the interim stage, given the scale and modes of publication involved.

Clarifying that its observations are prima facie, the High Court directed the trial court to decide the injunction application and the suit independently on their merits.