Delhi High Court - Orders
Landsmill Agro Pvt Ltd vs Khandelwal Edible Oils Ltd on 27 October, 2021
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 528/2021
LANDSMILL AGRO PVT LTD ..... Plaintiff
Through Mr. Sudhir Kakkar, Sr. Adv.,
Ms. Roopa Dayal, Ms. Soumya, Mr.
Birender Bhatt and Mr. Karan Khaitan,
Advs.
versus
KHANDELWAL EDIBLE OILS LTD ..... Defendant
Through Mr. Ananta Prasad Mishra and
Mr. Gagan Gupta, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 27.10.2021 I.A. 13921/2021 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
I.A. 13920/2021 (exemption)
3. Subject to the plaintiff filing legible copies of any illegible and dim documents on which it may seek to place reliance within a period of four weeks from today, exemption is granted for the present.
4. The application is disposed of.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 528/2021 Page 1 of 6 Signing Date:28.10.2021 15:49:58I.A. 13919/2021 (Order XI Rule1(4) CPC for additional doc.)
5. Subject to reserving rights of the defendant to admit and deny the same, the plaintiff is permitted to file additional documents.
6. The application stands disposed of.
IA 13918/2021 (Section 12A of The Commercial Court for pre- institution mediation)
7. This is an application seeking exemption from pre-institution mediation. For the reasons stated in the application, the prayer is granted.
8. The application is allowed CS(COMM) 528/2021
9. The plaintiff claims to be a leading manufacturer and distributor of edible oils, including mustard oil, refined rice brand oil and refined soyabean oil under the brand "CHAKRA KOLHU", in Uttar Pradesh. The defendant is engaged in the manufacturing and sale the edible oils under the name "CHAKRA".
10. The plaintiff is aggrieved by the disparaging messages being posted by the defendant against the plaintiff's products.
11. The plaint asserts that on 6th October, 2021, the sales agent of the plaintiff received a poster/advertisement on his whatsapp, which Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 528/2021 Page 2 of 6 Signing Date:28.10.2021 15:49:58 read thus:
"Nakkalo se savdhan. Dhokhebaaz Asaamajik tatvo dwara "Chakra" brand ki huhabu nakal karke nakli "Chakra Kolhu" jaise utpaadon ka social media par bhramak prachaar kiya jaa raha hai. Kripya satark rahein evam nakli ghatiya utpaadon ke nirman/bikri/kaanoni karyavahi se bachein."
12. Additionally, the following visual comparison between the products of the plaintiff and the defendant was also circulated:
13. Similarly, it is alleged that on 8th October, 2021, the director of Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 528/2021 Page 3 of 6 Signing Date:28.10.2021 15:49:58 the plaintiff received the following text message on his whatsapp:
"Sabhi ko soochit kiya jaata hai ki "Chakra Kolhu" naamak nakli brand ko koi vyakti bechte hua paya gaya uske virudhh KEO dwara dhokhadhadi, jaalsaaji ka case dar kiya jaayega."
14. The plaintiff has also drawn my attention to the following representations posted by the defendant on its social media platform/website, which was alleged to be circulated by the defendant:
15. The plaint alleges that these messages have been circulated by the defendant and are disparaging the products of the plaintiff without just cause or authority.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 528/2021 Page 4 of 6 Signing Date:28.10.2021 15:49:5816. The plaintiff, therefore, seeks, in the plaint, an injunction against the defendant from posting such messages disparaging the plaintiff and its products on social media platform and whatsapp.
17. In the circumstances, issue summons in the suit to the defendant, returnable on 17th January, 2022 before the Joint Registrar for completion of pleadings, admission and denial of documents and marking of exhibits. Summons are accepted on behalf of the defendant by Mr. Ananta Prasad Mishra, learned counsel.
18. Written statement, if any, be filed within a period of four weeks accompanied by an affidavit of admission and denial of the documents filed by the plaintiff with advance copy to learned counsel for the plaintiff, who may file replication thereto, if any, within a period of two weeks thereof accompanied by an affidavit of admission and denial of the documents filed by the defendant.
I.A. 13917/2021 (Order XXXIX Rules 1 and 2 of the CPC)
19. Issue notice to the defendant. Notice is accepted on behalf of the defendant by Mr. Ananta Prasad Mishra, learned counsel.
20. Response to this application, if any, be filed within a period of four weeks from today with advance copy to learned counsel for the plaintiff, who may file rejoinder thereto, if any, within a period of two weeks thereof.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 528/2021 Page 5 of 6 Signing Date:28.10.2021 15:49:5821. This application seeks interim injunction in the following terms:
"In view of the foregoing submissions, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) Restrain the Defendant, its directors, officers, employees, agents, etc. from circulating whatsapp post in any other manner directly or indirectly, disparaging the goodwill and reputation of the Plaintiff and any of its products in edible oil category; and.
(b) Grant an ex parte injunction in terms of prayer (a) above;
b) pass such any other order or orders as this Hon'ble Court may deem fit and proper in the present facts and circumstances of the case."
22. Renotify on 21st January, 2022 before the Court. Till the next date of hearing, there shall be an interim injunction in terms of prayer
(a) in the application.
C.HARI SHANKAR, J OCTOBER 27, 2021 r.bararia Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 528/2021 Page 6 of 6 Signing Date:28.10.2021 15:49:58