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2010 Supreme(Del) 4

S.RAVINDRA BHAT
ITC LIMITED – Appellant
Versus
PHILIP MORRIS PRODUCTS SA – Respondent


Advocates appeared:
Mr. Rajeev Nayyar, Senior Advocate with Ms. Pratibha M. Singh, Advocate.
Mr. C.A.S. Sundaram, Sr. Advocate with Ms. Rohini Musa,
Mr. Trideep Pais and Mr. Ashwath Sitaraman, Advocates, for Defendant No.1.
Mr. Sanjay Jain, Sr. Advocate with Mr. Nikhil Nayyar and Mr. T.V.S.R. Sreyas, Advocates, for Defendant No.2.
Ms. Anuradha Salhotra, Mr. Rahul Chaudhry, Mr. Sumit Wadhwa and Ms. Reetika Walia, Advocates, for Defendant No.3.

JUDGMENT :

HON’BLE MR. JUSTICE S.RAVINDRA BHAT

I.A. Nos. 12940/2009 (Under Order 39 Rule 1 & 2), 12941/2009 (Under Section 151 CPC) & 12942/2009 (Under Section 149)

1. This order will dispose of the said application under Order 39 Rules 1 and 2 (I.A. No. 12940/2009.

2. The plaintiff (hereafterreferred to as“ITC”) contends being one of India?s largest private sector companies with an annual turn-over of Rs.23,144 crores. It mentions being rated amongst “World?s Best Big Companies”, “Asia?s „FAB-50?” concerns and being listed in the Forbes magazine as one of the “World?s Most Reputable Companies”. It claims also being rated amongst India?s most respected companies by the Business World and also amongst India?s most valuable companies by Business Today. The suit refers to various publications, containing laudatory descriptions of the plaintiff. The plaintiff claims having diverse business in products and services such as hotels, paperboards, speciality papers, packaging, agro-business, Fast Moving Consumer Goods (FMCG), including cigarettes; foods, confectionary, Information Technology, branded-apparel, personal care, stationery etc. It also contends being one of the country?s largest


















































































































































































































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