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2018 Supreme(Del) 3284

MANMOHAN
Horlicks Ltd. – Appellant
Versus
Heinz India Private Limited – Respondent


Advocates Appeared:
For the Plaintiffs :Mr. Chander M. Lall, Senior Advocate with Mr. Ajay Bhargava, Mr. Ankur Sangal, Ms. Sucheta Roy and Ms. Richa Bhargava, Advocates
For the Defendant :Mr. Amit Sibal, Senior Advocate with Mr. Sagar Chandra, Mr. Ankit Rastogi and Mr. Bibhunanda Mishra, Advocates.

JUDGMENT :

MANMOHAN, J.

I.A. 13793/2017

1. Present suit has been filed for damages and permanent injunction restraining infringement, disparagement and unfair trade practices against the defendant. With consent of the parties, I.A. No.13793/2017, filed under Order XXXIX Rules 1 & 2 CPC, was taken up for hearing and disposal. The prayer clause in the application is reproduced here-in-below:-

"A. The Defendant, its directors, principals, proprietors, partners, officers, employees, agents, distributors, franchisees, representatives and assigns be restrained by an ex-parte adinterim and interim injunction from:

(i) Issuing or otherwise howsoever, communicating to the public or publishing the Impugned advertisement or any part thereof or any other advertisement of a similar nature in any language or in any manner causing the Impugned advertisement or any part thereof or any other advertisement of a similar nature to be published or broadcast or communicated to the public or published in any media including digital/electronic or social media or in any other manner disparaging the goodwi

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