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2013 Supreme(Del) 412

RAJIV SAHAI ENDLAW
MARICO – Appellant
Versus
ADANI WILMAR – Respondent


Advocates:
Advocate Appeared:
Mr. Neeraj Kishan Kaul, Sr. Adv. with Ms. Anuradha Salhotra, Mr. Sumit Wadhwa & Mr. Zeeshan Khan, Advs.
Mr. Rajiv Nayyar, Sr. Adv. with Mr. Neil Hilderth & Ms. Pratibha Shreedhar, Advs.

JUDGMENT

RAJIV SAHAI ENDLAW, J.

IA No.2129/2013 in CS(OS) No.246/2013 & IA No.2745/2013 in CS(OS) No.319/2013 (both of the plaintiff under Order 39 Rules 1&2 of the CPC).

1. The plaintiff in these two suits for permanent injunction restraining the defendant from broadcasting, printing and publishing advertisement of its product cooking oil under the brand name FORTUNE, averred by the plaintiff to be disparaging the goodwill and reputation of the plaintiff’s product, also a cooking oil in the brand name SAFFOLA, and for damages, claims interim injunction restraining the defendant from publishing, printing, airing, broadcasting the impugned advertisement.

2. CS(OS) No.246/2013 with respect to advertisement on television came up first before this Court on 8th February, 2013 when summons/notice thereof was issued. The plaintiff soon thereafter instituted CS(OS) No.319/2013 with respect to advertisements in the Print Media and summons/notice thereof was also issued on 18th February, 2013. The counsels for the parties were heard for the purpose of interim relief from 25th February, 2013 till 18th March, 2013 when orders on these applications were reserved.

3. It is the case of the plainti


































































































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