GITA MITTAL, C.HARI SHANKAR
ADVERTISING STANDARDS COUNCIL OF INDIA – Appellant
Versus
RECKITT BENCKISER INDIA PVT LTD. – Respondent
GITA MITTAL, J.
1. By way of these two appeals, the appellant assails two orders passed on 7th October, 2016 and 23rd January, 2017 on the same application bearing I.A.No.12660/2016 in CS(OS)No.458/2016. Inasmuch as the challenge rests on identical question of law and the second order is in continuation of the first, we have taken both of these appeals together for consideration and are deciding the same by this common order.
2. The respondent herein, on or about 8th of September 2016, filed a suit being CS(OS)No.458/2016 on the Original Side of this court seeking permanent injunction and declaration making the following prayers :
“(A). The defendant be restrained by a permanent injunction from creating impediments I the broadcast of the advertisement of the plaintiff which is the subject matter of the present suit and filed at page…. of the documents filed with the present plaint;
(B). This Hon’ble Court declare that the advertisement of the plaintiff as filed at page …… of the documents filed with the present plaint is fair and truthful and does not constitute a violation of any advertising laws or code and the plaintiff is entitled to broadcast the advertisement throughout
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