Bombay High Court sets aside single-judge order restraining further sale of Vijaypat Singhania autobiography

An order of single-judge of the Bombay High Court granting interim relief to Raymond Limited by restraining the sale, circulation and distribution of the autobiography 'An Incomplete Life' of Vijaypat Singhania, was set aside by a Division Bench of the High Court on Wednesday (Pan Macmillan Publishing India Pvt Ltd. v. Raymond Ltd)..A Vacation Bench comprising Justices SJ Kathawalla and Abhay Ahuja observed that the single-judge had passed his order on an erroneous impression that the interim order of sessions court against the erstwhile publisher, Penguin staying the publication was to continue until the pendency of the appeal filed by Raymond.“The impugned order was passed under an erroneous impression that the District Court at Thane has passed the Order dated 22nd April, 2021 granting stay / interim order against the erstwhile publisher from publishing the book “Incomplete Life” was to continue until the pendency of the Appeal filed by the Respondent No.1,” the High Court Division Bench noted..The order came to be passed in an appeal by current publishers Pan Macmillan Publishing India Pvt Ltd.The plea filed through advocate Yakshay Chheda also claimed that the single-judge had erroneously passed the injunction order restraining another entity Macmillan Publishers when Pan Macmillan was actually the appellant.Pan Macmillan contended that they are distinct legal entities from Macmillan Publishers..Advocate Siddhesh Bhole appearing for Pan Macmillan, also pointed out that the parties had entered their appearance through their legal counsel and hence, the District Court's interim order of April 22, 2019 ceased to operate.Bhole contended that the present appellant was neither made a party to the suit before Thane Magistrate nor in the appeal before the Thane Sessions court.Though the appellant was not made a party in the plea before the single judge, they had been served with a copy, Bhole argued..Bhole also submitted that when the matter was listed before the single-judge, he could not remain present when the matter was called out after pass over and the order was passed after hearing arguments on behalf of Raymond.Further, any contempt application for purported contempt of the Sessions Court order ought to have been filed before the same court and would not have been maintainable before the High Court..The single-judge failed to issue notice to the respondents and erroneously passed the order, Bhole emphasised.He also informed the Court that Raymond had moved a civil writ petition seeking identical reliefs on the same day as the contempt petition and failed to disclose the same in the contempt petition in an attempt to hoodwink the single-judge..Senior Advocate Tushar Cooper appearing for Raymond opposed the appeal stating that the appellant had been represented before the single-judge and the order records the appearance.He requested the Division Bench to remand the matter back to the single judge who will hear the matter and “if the claim is found to be false, then let the parties face the consequences of perjury and contempt. This is an attempt to gain sympathy.”.The Division Bench however, concluded that the single-judge order cannot continue and set aside the order.After setting aside the order, the Division Bench granted liberty to Raymond to move the vacation single-judge today or tomorrow. The single-judge can decide the matter on merits, it was clarified..Later, Raymond mentioned the matter before single-judge Madhav Jamdar and the matter will now be listed for hearing on Thursday. .The genesis of the dispute is the legal battle between Singhania, the former chairman of Raymond Group with his son Gautam Singhania and Raymond over the title of Singhania’s autobiography and its release..In 2018, Raymond filed a suit in Thane Court seeking permanent injunction against Penguin publishers (erstwhile publishers) and Singhania on the ground that the book infringes Raymond’s right to privacy and confidential information including violating registered trademark “The Complete Man” by giving the autobiography title “An Incomplete Man”..In March 2019, Sessions Court at Thane restrained Singhania from publishing the book till March 25, 2019 which was extended till April 8, 2019.The restraining order was extended on April 22, 2019 till appearance of Singhania and erstwhile publishers..Advocate Vibhav Krishna appeared for Singhania. .[Read Order]