HINDUSTAN LEVER LIMITED Vs. COLGATE PALMOLIVE PRIVATE LIMITED

JUDGEMENT

(1.) Hindustan Lever Ltd. has filed this Civil Appeal under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter called the Act) against the order of the Monopolies and Restrictive Trade Practices Commission (hereinafter called the Commission). The order is dated 5/6 November, 1997 and is passed in Injunction Application No. 336 of 1997 filed in the Main Case No. 405 of 1997.

(2.) The two respondents are Colgate Palmolive (India) Ltd. and Miss Pallavi S. Desai. The said respondents were the complainants 1 and 2 respectively in the main case No. 405 of 1997 which is pending before the Commission. By virtue of the impugned order, certain directions in the nature of temporary injunction have been granted in favour of the respondents-complainants and against the appellant. It is to be noted further that the Commission, which directed a panel of experts to give its opinion on the issue involved, made it clear that the order that was being passed was a "temporary interim order" and a final order on the Injunction Application would be passed later after receiving the opinion of the experts. The Commission said:

(3.) We shall state the brief facts and conclusions of the Commission in so far as they are material for the purposes of this appeal.