DABUR INDIA LTD. Vs. REAL DRINKS PVT. LTD.

JUDGEMENT

(1.) IA No. 11394 of 2012 (Order XXXIX Rules 1 and 2 CPC by the Plaintiff) and IA No. 11656 of 2012 (Order XXXIX Rule 4 CPC by Defendant No.1)

(2.) Defendant No.2 informed the Court at the hearing on 11th October 2012, that it was prepared to suffer a decree in terms of paras 27(i) and (ii) of the plaint. The Plaintiff then gave up the other reliefs against Defendant No.2. Consequently, by an order passed on that date, the suit was decreed against Defendant No.2. As a result, Defendant No.1 alone is contesting the present case.

(3.) The Plaintiff is stated to be the 4th largest fast-moving consumer goods company in India engaged in the business of manufacturing pharmaceutical, toiletries, Ayurvedic medicinal preparations, digestive tablets, fruit juices etc. since 1884. The Plaintiff's house mark 'DABUR' is claimed to be a trusted household name. It is stated that the Plaintiff spends more than Rs. 343 crore per annum on publicity and advertisements out of an annual turnover of approximately Rs. 2,800 crore. The Plaintiff's products are stated to be widely marketed both in India and abroad and are known for their high quality and hygienic standards that meet the changing needs and tastes of consumers.