Pratap Kumar Ray,J.

Both these two appeals, the connected applications and one cross appeal arose out of judgment and order dated 27th July, 2006, directing detention in civil prison passed in G.A. No. 4223 of 2004, by learned Trial Judge in an application under Order XXXIX Rule 2A of the Civil Procedure Code on the allegation of disobedience of the order of injunction passed by Trial Court on 3rd September, 2004 on an interlocutory application of the plaintiffs under Order XXXIX Rule 1 and 2 registered as G.A. No. 3392 of 2004 in connection of the suit being C.S. No. 235 of 2004. Both appeals, applications and cross appeal is taken up for analogous hearing and a common judgment is delivered.

The said suit was filed by Glaxo Smithkline Consumer Healthcare Limited (hereinafter for brevity referred to as ‘Glaxo’) against Heinz India Private Limited (hereinafter for brevity referred to as ‘Heinz’) and Zee Telefilms Limited (hereinafter for brevity referred to as ‘Zee’) alleging airing of a disparaging advertisement aiming at and to undermine the reputation and efficacy of the product “Horlicks”, which is the product of Glaxo in the mind of the public at large by preparing a st