Delhi High Court - Orders
Dr Reddys Laboratories Limited vs The Advertising Standards Council Of ... on 7 June, 2021
Author: Amit Bansal
Bench: Amit Bansal
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 279/2021
DR REDDYS LABORATORIES LIMITED ..... Plaintiff
Through: Mr. Jayant Mehta, Sr. Advocate
through Mr. Ranjan Narula,
Advocate.
Ms. Shashi P. Ojha and Ms. Payal
Kalhan, Advocates.
versus
THE ADVERTISING STANDARDS COUNCIL OF INDIA
..... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 07.06.2021 [VIA VIDEO CONFERENCING]
I.As. No. 7472/2021 & 7474/2021 (both for exemption)
1. Allowed, subject to all just exceptions.
2. The applications stand disposed of.
I.A. No. 7473/2021 (u/S. 149 r.w. 151 CPC)
3. Subject to the plaintiff depositing the amount of Court Fees within one week from today, the time for depositing court fees is extended by a week. The application stands disposed of.
CS(OS) 279/2021& I.A. No. 7471/2021 (u/O. XXXIX R. 1&2)
4. The present suit has been instituted by the plaintiff seeking permanent injunction to restrain the defendant. Advertising Standards Council of India (ASCI) from creating impediments in the broadcast of plaintiff's CS(OS) 279/2021 Page 1 of 2 advertisement of its fruit based hydration energy drink sold under the brand name "REBALANZ VITORS" on YouTube or any other medium. A declaration is also sought that the said advertisement of the plaintiff is fair and truthful and does not constitute a violation of any advertising laws or the ASCI code and the plaintiff is entitled to broadcast the advertisement throughout the country.
5. Let the plaint be registered as a suit. Issue summons to the defendant by all modes including through email, returnable on 6th September, 2021 before the Joint Registrar for completion of service and pleadings. The defendant shall file the written statement within four weeks of receipt of summons. Replication thereto, if any, may be filed within two weeks of receipt of written statement.
6. Let notice also be issued on the application under Order XXXIX Rules 1 and 2. Reply may be filed within two weeks of service thereof. Rejoinder, if any be filed after one week.
7. List the I.A. No. 7471/2021 for hearing on 22nd July, 2021 before the Roster Bench.
8. It is an admitted position that the impugned order dated 6th May, 2021 issued by the defendant is not binding in nature. If any further steps are taken or proposed to be taken by any other third party pursuant to the said impugned order, the plaintiff would be entitled to approach this Court for interim reliefs.
AMIT BANSAL (VACATION JUDGE) JUNE 7, 2021/sr CS(OS) 279/2021 Page 2 of 2