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2009 Supreme(Cal) 227

S.S.NIJJAR, BISWANATH SOMADDER
Heinz India Private Limited – Appellant
Versus
Glaxo Smithkline Consumer Healthcare Limited – Respondent


Advocates:
Advocate Appeared:
S. K. Kapoor, 1. P. Mukherjee, Sudeshna Bagchi for the appellant;
Anindya Mitra, S. P. Sarkar, S. Sen, D. Sen, Nandan Dasgupta for the respondent.

JUDGMENT

Surinder Singh Nijjar, CJ.:

This appeal is directed against the judgment of the learned Single Judge G.A. No. 3352 of 2004 in C.S. No. 235 of 2004 dated 27th October, 2006. By the aforesaid judgment the learned Single Judge 'has confirmed the ad interim order of injunction passed 'on September 3, 2004. The ad interim order of injunction was granted in terms of Prayar (b) which is reproduced hereunder:

"(b) Perpetual injunction restraining the defendant No.1 and its servants, agents or assigns from publishing any advertisement similar or substantially similar to the advertisement published in Ananda Bazar Patrika being Annexure "E-1" hereto and from continuing to telecast or causing to be telecast only further the advertisement/publicity similar to or substantially similar to the advertisement mentioned in paragraph 13 hereof, a copy whereof is Annexure "E-1" hereto or containing any comparison with Brand 'H' of any brand referring to HORLICKS directly or indirectly."

2. The plaintiff claims that amongst the nutritional and healthcare products manufactured and sold by the plaintiff, one of the most. popular products is 'Horlicks', a health food drink which has been selling i































































































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