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2015 Supreme(Del) 3602

RAJIV SHAKDHER
Philips India Pvt. Ltd. – Appellant
Versus
Shree Sant Kripa Appliances Pvt. Ltd. – Respondent


For the Petitioner:Mr. Anish Kapur and Mr. Mohit Mathur, Advocates.
For the Respondents:Mr. Shailen Bhatia and Ms. Priti, Advocates.

JUDGMENT :

Rajiv Shakdher, J.:--

IA No. 11819/2014 (u/Order 39 Rules 1 & 2 r/w Section 151, CPC for stay)

1. The present suit has been filed to seek a decree of permanent injunction qua the defendant against what the plaintiff construes as false, misleading and disparaging representations. The representations, according to the plaintiff, are essentially in the form of advertisements/internet representations. The captioned application, which is what I am concerned with presently, is filed in aid of the reliefs claimed in the suit.

1.1 The suit, as framed, is in the nature of trade libel, which is also interchangeably, referred to as an action for injurious falsehood or, more appropriately, an action for malicious falsehood.

1.2 The peculiarity of the present action is that the impugned advertisements are generic in nature which, while comparing two rival products do not specifically name the plaintiff. The two rival products being Light Emitting Diode (hereafter referred to as LED bulbs) and Compact Florescent Lamps (hereafter referred to as the CFL bulbs).

1.3 This aspect becomes even more involved by virtue of the fact that the advertisements issued by the defendant, which extols the vi










































































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