DELHI HIGH COURT
VIBHU BAKHRU, AMIT MAHAJAN
Reckitt Benckiser (India) Pvt. Ltd. – Appellant
Versus
Hindustan Unilever Limited – Respondent
JUDGMENT
Vibhu Bakhru, J. The appellant (hereafter `Reckitt') has filed the present intra court appeal impugning a judgement dated 09.11.2021 (hereafter `the impugned judgement') passed by the learned Single Judge in an application preferred by Reckitt under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereafter `CPC') in the suit bearing no. CS(COMM.) 340/2021. Reckitt is aggrieved to the limited extent that the learned Sigle Judge has rejected its prayer for restraining the respondent (hereafter `HUL') from broadcasting a TV Commercial (hereafter `the impugned TVC-I') which according to Reckitt was disparaging its product sold under the trademark `HARPIC', during the pendency of the suit.
Factual Context
2. Reckitt (Reckitt Benckiser India Private Limited) is a company engaged in the manufacturing, packaging, sale and distribution of various fast moving consumer goods. Reckitt's business comprises of various consumer and healthcare products including antiseptic liquid, toilet care products, surface care products, pharmaceuticals, insecticides and food products.
3. Reckitt states that it has been involved in the manufacturing of a well-known toilet cleaner un
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