HINDUSTAN UNILEVER LIMITED Vs. RECKITT BENCKISER (INDIA) LTD

JUDGEMENT

(1.) This application has been filed seeking to produce the documents under Order VII Rule 14 (3) of the Code of Civil Procedure read with Order XIV Rule 8 of the Original Side Rules. The suit in CS No.1128 of 2007 is one for permanent injunction restraining the defendants from telecasting the offending comparative advertisement in Telugu or Tamil languages or from disparaging the plaintiff's bleach based toilet cleanser Domex in any other manner whatsoever and for other reliefs, including a claim for damages of Rs.40,00,000/-. The plaintiff claims to be a reputed manufacturer of domestic products, one of its products is a toilet cleanser called Domex, which is bleach based. According to the plaintiff, the 1st defendant while advertising its toilet cleaner viz., Harphic had disparaged the toilet cleaner manufactured by the plaintiff by name Domex, which gave raised to the present suit being instituted by the plaintiff.

(2.) The defendants entered appearance and filed a written statement. This Court had framed various issues and referred the matter for trial to the learned Additional Master. At trial, P.W.1 was examined on the side of the plaintiff, the said witness was also cross-examined. After the said cross-examination, the present application has been filed by the plaintiff seeking permission to produce three documents, the documents that are sought to be produced are as follows: <FRM>JUDGEMENT_601_LAWS(MAD)3_2018_1.html</FRM>

(3.) According to the affidavit filed in support of the application, these documents are necessary to prove that the respondent/defendant had generically disparaged the applicant/plaintiff's products, by stating that bleach based cleansers are not effective in removing lime-scale deposit and that they do not have effective germ kill properties. The scientific studies with the applicant wishes to file, according to the applicant, would prove that the claim that bleach based cleansers are not effective in removing lime-scale deposit is false. The delay in filing the documents is sought to be explained by the applicant, contending that P.W.1 was a legal officer and she did not possess the technical knowledge. The exact reasons that are set out in the affidavit for the delay in filing the documents reads as follows: