Advocate Amit Jamsandekar for the petitioner contended that the petitioner fulfilled the three criteria contemplated under Section 32 for grant of such license;
Work was published in India;
It Published more than 7 years prior to the petition being filed; and
Petition was moved in the prescribed format.
The plea pointed out that the book was an autobiography of Slade who had also been a disciple of Mahatma Gandhi.
The book was published in the year 1960 by by Orient Longman Private Limited and in Great Britain by the publisher Longmans, Green & Co.
Jamsandekar submitted that Karkhanis is willing to pay royalty to the person entitled to such royalty under the provisions of the said Act.
Jamsandekar also informed the Court that as on date, none of the publishers exist.
The petitioner also found that an abridged version of the work had been translated by one Ranga Marathe and that was published by Kirloskar Press, the respondents in this case.
However, none from the translator or publisher exist for Karkhanis to pursue the matter with them, it was stated.
In such circumstances, the petitioner was compelled to approach the High Court for permission.
Source: Barandbench
