M/S Allied Blenders & Distillers Pvt. ... vs Shree Nath Heritage Liquor Pvt. Ltd. on 1 July, 2014
(ee) reliance was placed on S.M. Dyechem Ltd. Vs. Cadbury
(India) Ltd. (2000) 5 SCC 573 [however the senior counsel
for the plaintiff objected on the ground that the same stands
CS(OS) No.2589/2013 Page 22 of 49
overruled in Cadila Healthcare (supra), though the senior
counsel for the defendant initially contended that only para
54 of the judgment had been overruled in Cadila Healthcare
but subsequently conceded that para 35 of the said judgment
also stands overruled in Cadila Healthcare but stated that
the test of surrounding circumstances was upheld];
(ff) reliance was placed on Nestle India Ltd. Vs. Mood
Hospitality Pvt. Ltd. 2010 (42) PTC 514 (Del.)