DABUR INDIA LTD Vs. EMAMI LIMITED

JUDGEMENT

(1.) I.A Nos. 10869/2018 (under Order 39 Rule 1,2 CPC), 16105/2018 (under Order 39 Rule 1,2 CPC), 3084/2019 ( under Order 39 Rule 1,2,2A CPC) & 16106/2018 (under Section 151 CPC)

(2.) Along with the suit, the Plaintiff filed an interim application [I.A No. 10869/2018] and sought restraining orders in respect of (a) Print Advertisement and (b) Television Commercial (TVC) [Collectively referred as 1 st Impugned Advertisements]. This Court vide it's order dated 27th August 2018 directed the Defendant not to publish the advertisement and to remove the TVC from the website www.youtube.com. The Court also directed the Defendant not to publish the "new advertisement" which was yet to be aired. Aggrieved by the said order, the Defendant filed an Appeal bearing FAO (OS) (COMM) No. 209/2018. In then said appeal, the Division Bench vide order dated 5 th September 2018, permitted the Defendant to publish its "new advertisement". Pursuant to the said order, the Defendant aired it's TVC in and around 13th November 2018. The Plaintiff aggrieved by the said TVC, filed another application bearing No. 16105/2018 seeking an injunction against the Defendant from airing, broadcasting or publishing its New Television Commercial aired on 13th November, 2018 [2 nd Impugned Advertisement]. The Application came up for hearing before this Court on 27th November 2018 and the Court was pleased to grant an adinterim injunction in favour of the Plaintiff. Aggrieved by the aforenoted order dated 27th November 2018, the Defendant preferred an Appeal bearing FAO (OS) (COMM) No. 285/2018. The Division Bench of this Court vide its judgement dated 3 rd December 2018 permitted the Defendant to publish its advertisement in the modified form, incorporating the changes suggested by its counsel during the course of hearing. The operative portion of the order reads as under:

(3.) Consequently, the Defendant after making the changes as directed by the Division Bench replaced the red bottle shown in the TVC with its own bottle and aired its modified TVC on 12th December 2018. This aforesaid modified advertisement has been impugned in the Interim Application bearing No. 3084/ 2019 under Order 39 Rule 1 & 2 read with Rule 2A of CPC [3 rd Impugned advertisement]