Delhi High Court - Orders
Marico Limited vs Dabur India Limited on 19 July, 2022
Author: Navin Chawla
Bench: Navin Chawla
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 471/2022
MARICO LIMITED ..... Plaintiff
Through: Mr.Chander M. Lall and Mr.Akhil
Sibal, Senior Advocates with
Mr.Ankur Sangal, Ms.Pragya Mishra,
Mr.Raghav Vinayak Sinha, Advs.
versus
DABUR INDIA LIMITED ..... Defendant
Through: Mr.Rajiv Nayar, Sr. Adv.with
Mr.R.Jawahar Lal, Mr.Siddharth
Bawa, Mr.Anuj Garg, Mr.Anirudh
Bakhru and Mr.Mohit Sharma, Advs.
(Mob. No.9599446470).
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 19.07.2022 I.A. 11057/2022
1. Issue notice. Notice is accepted by Mr.Ankur Sangal, the learned counsel on behalf of the plaintiff/non-applicant. He prays for and is granted a period of one week to file the reply. Rejoinder thereto, if any, be filed within a period of one week thereafter.
2. It is the case of the defendant/applicant that the defendant in the suit has neither circulated nor has been involved in the circulation of the impugned WhatsApp message by which the plaintiff is aggrieved in the present suit.
3. The learned senior counsel for the defendant reiterates that no such WhatsApp message has been or shall be sent by the defendant, its directors, Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:21.07.2022 17:03:55 employees, principals, proprietors, partners, officers, employees, agents, distributors, franchisees, licensees, representatives and assigns.
4. As far as the impugned print advertisement is concerned, the learned senior counsel for the plaintiff submits that based on the above statement of the learned senior counsel for the defendant, and without prejudice to the rights and contentions of the plaintiffs, the ad-interim injunction with respect to the print advertisement may be suspended till the next date of hearing.
5. In view of the above, the ad-interim protection granted in favour of the plaintiff vide order dated 13.07.2022, as far as the impugned print advertisement is concerned, is suspended till the decision on the application under Order XXXIX Rule 1& 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') filed by the plaintiff and under Order XXXIX Rule 4 of the CPC filed by the defendant.
6. The learned senior counsel for the defendant submits that the reply to the application under Order XXXIX Rule 1 & 2 of the CPC shall be filed by the defendant within a period of one week. The time as prayed for is granted. Rejoinder thereto, if any, be filed within a period of one week thereafter.
7. List on 2nd August, 2022.
8. Dasti.
NAVIN CHAWLA, J JULY 19, 2022/Arya Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:21.07.2022 17:03:55