Zydus Wellness Products Ltd vs Dabur India Limited on 15 May, 2023

[Cites 4, Cited by 0]

Delhi High Court - Orders

Zydus Wellness Products Ltd vs Dabur India Limited on 15 May, 2023

Bench: C.Hari Shankar

                  $~21
                  *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +      CS(COMM) 286/2023

                         ZYDUS WELLNESS PRODUCTS LTD            ..... Plaintiff
                                     Through: Mr. Chander Lall, Sr. Advocate
                                     with Mr. Sagar Chandra, Ms. Shubhie
                                     Wahi, Ms. Ananya Chug and Ms. Sanya
                                     Kapoor, Advs.

                                            versus

                         DABUR INDIA LIMITED                      ..... Defendant
                                       Through: Mr. Rajiv Nayar, Sr. Advocate
                                       with Mr. Anirudh Bhakru, Ms. Kripa Pandit,
                                       Mr. Prabhu Tandon, Ms. Kanika Aeri and
                                       Mr. Christopher, Advs.
                         CORAM:
                         HON'BLE MR. JUSTICE C.HARI SHANKAR
                                            ORDER

                  %                         15.05.2023

                  CS(COMM) 286/2023

1. The plaintiff is aggrieved by two Television Commercials (TVCs) released by the defendant which, according to the plaintiff, disparage the plaintiff's GLUCON-D/GLUCON-D Tangy Orange product.

2. Mr. Rajiv Nayar, learned Counsel for the defendant, submits that this issue is no longer res integra either on facts or in law, as the impugned advertisements are merely Hindi versions of identical advertisements in Bengali, qua which the plaintiff had earlier instituted CS (Comm.) 304/2022 (Zydus Wellness Products Ltd v. Dabur India Ltd), which has been disposed of by a detailed judgment dated 22nd December 2022, in which a coordinate Bench of this Court Signature Not Verified Signed By:KAMLA RAWAT CS(COMM) 286/2023 Page 1 of 4 Signing Date:16.05.2023 13:05:35 has found the defendant's advertisements not to be disparaging.

3. Mr. Lall, learned Senior Counsel for the plaintiff, seeks to distinguish the said decision on the ground that one of the main considerations which weighed with the Court in that case was the fact that the representation, in the impugned advertisements, that the defendant's products contain 25% more glucose than the plaintiff's product was truthful, whereas the plaintiff has, thereafter, increased the glucose contained in its product, so that the difference is only 22.9% at present. This, he submits, constitutes, a serious ground on which the judgment of the coordinate Bench in CS (Comm.) 304/2022 can be distinguished.

4. Mr. Lall is agreeable to a short notice being issued so as to enable the defendant to file a reply before the prayer for interim relief is taken up. Accordingly, let the plaint be registered as a suit. Issue summons in the suit. Summons are accepted on behalf of the defendant by Ms. Kripa Pandit.

5. Written statement, accompanied by affidavit of admission and denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission and denial of the documents filed by the defendant within 30 days thereof.

6. List before the learned Joint Registrar (Judicial) for completion of the pleadings, admission and denial of documents and marking of exhibits on 17th July 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.

Signature Not Verified Signed By:KAMLA RAWAT CS(COMM) 286/2023 Page 2 of 4 Signing Date:16.05.2023 13:05:35

I.A. 8866/2023 (Order XXXIX Rules 1 and 2 of the CPC)

7. This is an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking interlocutory injunctive relief.

8. Issue notice, returnable before the Court on 31st May 2023. Notice is accepted on behalf of the defendant by Ms. Kripa Pandit.

9. Reply be filed within ten days with advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, before the next date of hearing.

10. It is made clear that no extension of time for filing reply and rejoinder shall be granted.

I.A. 8867/2023 (Order XI Rules 1(4) of the CPC)

11. This application seeks permission to file additional documents. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as amended by the Commercial Courts Act within four weeks from today.

12. The application stands disposed of accordingly.

I.A. 8868/2023 (Section 151 of the CPC)

13. Subject to the plaintiff filing legible copies of any dim or illegible documents within 30 days, exemption is granted for the Signature Not Verified present.

Signed By:KAMLA RAWAT CS(COMM) 286/2023 Page 3 of 4

Signing Date:16.05.2023 13:05:35

14. The application is disposed of.

I.A. 8869/2023 (Section 151 of the CPC)

15. As the pen drive containing the impugned TVCs is already on record, the application is rendered infructuous.

C.HARI SHANKAR, J MAY 15, 2023 rb Signature Not Verified Signed By:KAMLA RAWAT CS(COMM) 286/2023 Page 4 of 4 Signing Date:16.05.2023 13:05:35

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders