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2018 Supreme(Bom) 3031

B.R.GAVAI, RIYAZ I.CHAGLA
Gujarat Cooperative Milk Marketing Federation Ltd. – Appellant
Versus
Hindustan Unilever Ltd. – Respondent


Advocates Appeared:
Ravi Kadam, Senior Counsel, along with Mr. Ashish Kamat and Mr. Vishal Maheshwari, Ms. Sheetal Kotecha, Ms. Astha Thakar i/b M/s V.M. Legal Advocates, for the Appellant; Mr. Aspi Chinoy, Senior Counsel along with Dr. Birendra Saraf, Mr. Hiren Kamod, Mr. Nishad Nadkarni i/b M/s. Khaitan and Co., Advocates, for the Respondent No. 1

JUDGMENT

B. R. Gavai, J. (Oral) - Appellant/Defendant No.1 challenges the Judgment and Order dated 16th June, 2017 passed by the learned Single Judge in Notice of Motion No (L) No.690 of 2017 in Suit (L) No.204 of 2017, thereby allowing the Notice of Motion filed by Respondent No.1/ Plaintiff and restraining the Appellant from inter alia (i) telecasting or broadcasting or otherwise howsoever communicating to the public or publishing two Television Commercials (impugned TVCs) or any part thereof or any other advertisement of a similar nature in any language or in any manner causing the impugned TVCs or any part thereof or any other advertisement of a similar nature to be telecast or broadcast or communicated to the public or published in any manner and (ii) disparaging or denigrating the Plaintiff''s KWALITY WALL''S products (including Frozen Desserts manufactured and/ or sold under the said brand and subbrands thereof) or the Plaintiff''s business in any manner whatsoever.

2. The facts, in brief, giving rise to the present Appeal are as under:

3. The Plaintiff - Hindustan Unilever Limited, is a Public Limited Company incorporated under the Companies Act, 1956. Prior to 1956, the nam

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