Supreme Court - Daily Orders
Golden Tobacco Ltd vs Itc Ltd on 7 September, 2018
Bench: Rohinton Fali Nariman, Indu Malhotra
1
ITEM NO.61 COURT NO.9 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 23133-23135/2018
(Arising out of impugned final judgment and order dated 26-07-2018
in OSA No. 260/2015 26-07-2018 in OSA No. 261/2015 26-07-2018 in
OSA No. 262/2015 passed by the High Court Of Judicature At Madras)
GOLDEN TOBACCO LTD Petitioner(s)
VERSUS
ITC LTD Respondent(s)
(FOR ADMISSION and I.R. and IA No.122175/2018-PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS)
Date : 07-09-2018 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MS. JUSTICE INDU MALHOTRA
For Petitioner(s) Mr. C.A. Sundaram, Sr. Adv.
Mrs. B. Sunita Rao, AOR
Mr. Anurag, Adv.
Mrs. Neelam Chand, Adv.
Mrs. Sujatha, Adv.
For Respondent(s) Mr. H.N. Salve, Sr. Adv.
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Sajan Poovayya, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Rishi Agrawala, Adv.
Mr. Arun Mohan, Adv.
Ms. Paru Shukla, Adv.
Mr. E. C. Agrawala, AOR
UPON hearing the counsel the Court made the following
O R D E R
In the present case, the Division Bench of the Madras High Court has upset the judgment passed by the learned single Judge, Signature Not Verified Digitally signed by R NATARAJAN Date: 2018.09.08 and 12:37:40 IST Reason: has found deceptive similarity in the general get-up and packaging of the two products in question. 2 Having heard arguments on both sides for sometime, we are not inclined to interfere with the judgment of the Division Bench of the High Court except to state that, in the meanwhile, it will be permissible for the petitioner to use the same packaging as is contained in the Compromise Decrees at Page Nos. 136 and 146 of the SLP paper-book.
Learned senior counsel appearing on behalf of the respondent has brought to our notice that a rectification application is pending. Nothing stated either in our order or in the modified judgment of the High Court will stand in the way of the application, which should be decided on its own merits.
The suit will be decided on its own merits without regard to the observations by the Division Bench or by this Court.
The Special Leave Petitions are disposed of accordingly. Pending application also stands disposed of.
(R. NATARAJAN) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER