Delhi High Court
Institute For Inner Studies & Ors vs Charlotte Anderson & Ors on 14 September, 2011
Author: G. S. Sistani
28.
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2252/2011
INSTITUTE FOR INNER STUDIES & ORS ..... Plaintiffs
Through : Mr. Rajiv Nayyar, Sr. Adv. with
Mr.Tejas Karia, Mr. Karan Mehta and
Ms.Aradhana Lakhtakia, Advs.
versus
CHARLOTTE ANDERSON & ORS ..... Defendants
Through
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
ORDER
% 14.09.2011
I.A.NO.14618/2011.
1. This is an application filed by plaintiffs seeking exemption from filing
clear, legible, typed copies of dim annexures with adequate left
margin.
2. Exemption allowed, subject to plaintiffs' filing clear, legible, typed
copies of dim annexures with adequate left margin within ten weeks
from today. Application stands disposed of.
I.A.NO.14619/2011
3. This is an application filed by plaintiffs seeking exemption from filing
original documents.
4. Exemption allowed, subject to plaintiffs' filing original documents
within ten weeks from today. Application stands disposed of.
I.A.NO.14620/2011.
5. This is an application filed by plaintiffs seeking enlargement of time
in filing the Court fee.
6. Let the court fee be filed within seven days from today. Application
stands disposed of.
CS(OS) 2252/2011 & I.A.NO.14617/2011
7. Issue summons in the suit and notice in the application to the
defendants, returnable on 23.11.2011.
8. Plaintiffs have filed the present suit for declaration, permanent and
mandatory injunction.
9. Learned senior counsel for the plaintiffs submits that plaintiff no.1 is
a company incorporated in Philippines and was established by late
Mr.Samson Lim Choachuy (Legal Name), revered as Master Choa
Kok Sui, on 27.4.1987 (hereinafter referred to as "Master") to
spread Pranic Healing, Archatic Yoga, Inner Teachings and Practices
globally. Senior counsel further submits that plaintiff no.1 is the
head institution, which controls the functioning of plaintiffs no.2 to 3
and also the functioning of plaintiffs no.4 to 6 established in India.
Senior counsel next submits that the Master was a world renowned
authority in the field of Pranic Healing and Esoteric Sciences of
Pranic Healing. The Master was a spiritual guru, and an
internationally read author of numerous books and manuals on the
subject of Pranic Healing. The Master established plaintiff no.1 with
the primary objective to engage in and carry on business of
distribution, publishing books and printed material, to conduct
workshops, seminars, lectures on Pranic Healing and Esoteric
Sciences across the globe.
CS(OS) 2252/2011 2/5
10. Learned senior counsel for the plaintiffs submits that defendants
no.1 claims herself to be married to the Master on 31.12.2006 and
also claims to be the legal heir of the Master along with plaintiffs
no.7 to 10, however, the proceedings initiated by defendant no.1, in
this regard, stand dismissed by the Regional Trial Court, Quezon
City in Philippines, and the appeal filed by defendant no.1 also
stands dismissed. Senior counsel further submits that Master during
his life time had founded various organizations all over the world
including in various parts of India and all the organizations are
affiliated to, licensed by and duly authorised by the plaintiffs to
spread the teachings of the Master and inter alia conduct the
Master's courses, details of which have been extracted in para 26 of
the plaint. Senior counsel next submits that all other organizations
including the organizations arrayed as defendants no.3 to 14 are not
authorised to carry on the courses of the Master or to use any other
property, which is owned by the plaintiffs. Senior counsel also
submits that any license or authority derived by defendants no.3 to
14 from defendants no.1 and 2 are illegal and without any legal
force.
11. It is contended by learned senior counsel for the plaintiffs that 20
licensing agreements were executed by plaintiff no.2 on 25.9.2006
in favour of defendant no.1 permitting defendant no.1 to promote,
conduct, operate the courses of Master for a term of 20 years unless
the licensing agreements were terminated before for any reasons. It
CS(OS) 2252/2011 3/5
is further contended that above mentioned licensing agreements
prohibited defendant no.1 from transferring the rights granted to
defendant no.1 to any other third party without prior consent of the
licensor. Defendant no.1 was also prohibited from extracting and/or
compiling materials from any of the Master's books, courses,
lectures, CDs and/or any audio material. Defendant no.1 was also
duty bound to protect the intellectual property of the Master.
12. Learned senior counsel for the plaintiff submits that defendant no.1
fully acknowledged the authority of plaintiff no.1 in respect of
printed material, audio/video recorded materials obtained during
the workshops or any session given by the Master. Senior counsel
for the plaintiff has relied upon email dated 23.3.2007 sent by
defendant no.1 to all the members of the Pranic family. Senior
counsel further submits that all the licensed agreements executed
in favour of defendant no.1 stand terminated on 17.5.2010 whereas
defendants no.1 and 2 even after the termination of the licensed
agreements are conducting unauthorized classes, publishing books
and infringing the trade marks and copyrights, which vests in
plaintiff no.1. Senior counsel next submits that after the termination
of the licensed agreements, holding of such classes and distribution
of material, etc., is without any authority. Senior counsel, in these
circumstances, prays for ex parte ad interim injunction.
CS(OS) 2252/2011 4/5
13. I have heard learned senior counsel for the plaintiffs and also
perused the plaint, application and the documents filed along with
the plaint. I am satisfied that it is a fit case for grant of ex parte ad
interim injunction. Accordingly, till the next date of hearing,
defendants no.1 and 2 are restrained from conducting the proposed
Kriyashakti workshop and Pranic Feng Shui workshop in New Delhi in
collaboration with defendant no.2 in September, 2011, and further
defendants, their agents, assigns, affiliates, subsidiaries, servants,
or any person or body claiming directly or indirectly through
defendants no.1 and 2 and all the foundations, institutions, trusts,
companies and other bodies functioning under the authority of
defendants no.1 and 2 are restrained from organizing and
continuing to organize workshops, training programmes, seminars
and teachings of the Master's courses, techniques, distributing of
CDs/DVDs, books, recording of the Master's courses and all other
items loaned to defendant no.1 under the licensing agreements
executed including instructor's manuals, unused certificates of
participation and other documents relating to the licensed activities.
It is made clear that in case any course or workshop is in progress,
with a view to avoid any inconvenience to the person enrolled for
the course, the same shall not be disturbed till the end of the
course. Plaintiff shall comply with the provisions of Order XXXIX
Rule 3 CPC within seven days from today. DASTI.
G.S.SISTANI,J
SEPTEMBER 14, 2011 msr
CS(OS) 2252/2011 5/5
