Zydus Wellness Products Ltd vs Dabur India Limited on 15 May, 2023
3. Mr. Lall, learned Senior Counsel for the plaintiff, seeks to
distinguish the said decision on the ground that one of the main
considerations which weighed with the Court in that case was the fact
that the representation, in the impugned advertisements, that the
defendant's products contain 25% more glucose than the plaintiff's
product was truthful, whereas the plaintiff has, thereafter, increased
the glucose contained in its product, so that the difference is only
22.9% at present. This, he submits, constitutes, a serious ground on
which the judgment of the coordinate Bench in CS (Comm.) 304/2022
can be distinguished.