RECKITT BENCKISER (INDIA) LTD. Vs. HINDUSTAN UNILEVER LTD

JUDGEMENT

(1.) CS(OS) No.237/2018 came up before this Bench on 7 th March, 2019, for hearing arguments on the application for interim relief and for framing of issues. Finding, that the suit filed by the plaintiff against the defendant was for permanent injunction to restrain the defendant from airing an advertisement launched by the defendant of its product Lifebouy Soap on 2nd April, 2018, on the ground of the same being disparaging of the product Dettol Antiseptic Liquid of the plaintiff and for ancillary reliefs and further finding that the plaintiff, till then was without any interim relief, it was on 7th March, 2019 enquired from the counsels whether the impugned advertisement was still being telecast/published by the defendant and the hearing adjourned to 22 nd July, 2019. On 22nd July, 2019 the senior counsel for the plaintiff informed that the impugned advertisement was last aired in December, 2018 and had not been aired thereafter by the defendant. The senior counsel for the defendant, on 22nd July, 2019 stated that though the advertisement had not been aired but the defendant should be at liberty to air it at any time. He further stated that he had no instructions, when the advertisement was last aired but agreed that as of that date it was not being aired. Hearing was adjourned to 3rd September, 2019. On 3rd September, 2019 the counsels were heard on the application for interim relief and again some suggestions were made for amicable settlement and the hearing adjourned to 4th September, 2019. On 4th September, 2019 no settlement could be arrived at and the hearing adjourned to 20 th January, 2020.

(2.) During the hearing on 20th January, 2020 reference was made by the counsels to an earlier suit being CS(OS) No.1834/2013, since re- numbered as CS(COMM) No.629/2016, by the same plaintiff against the same defendant, also for permanent injunction to restrain the defendant from airing an advertisement aired for the first time on 3rd June, 2012 and recording of evidence in which suit was underway. To determine, whether the decision in CS(COMM) No.629/2016 would apply to CS(OS) No.237/2018 as well, CS(COMM) No.629/2016 was also directed to be listed before this Bench along with CS(OS) No.237/2018 and the hearing adjourned to 7th February, 2020.

(3.) On 7th February, 2020 the counsels were heard on the application of the plaintiff in CS(OS) No.237/2018 for interim relief as well as on the possibility of consolidating the two suits for trial, may be by amending the issues in CS(COMM) No.629/2016 and the remaining hearing adjourned to 10th February, 2020, and thereafter to 12th February, 2020, when orders on the application in CS(OS)237/2018 for interim relief and on the possibility of consolidating the suits for trial reserved.