2013 Supreme(Mad) 323
MADURAI BENCH OF MADRAS HIGH COURT
VINOD K. SHARMA, J.
O.A. Nos. 316 to 320, 2353, 2354 in C.S. No. 274 of 2012
Decided On: 11-01-2013
Vinod K. Sharma , J.
(i) O.A.316 of 2012: This application has been filed under Order XIV Rule 8 of O.S.Rules r/w Order 39 Rules 1 & 2 and Section 151 of the Code of Civil Procedure, for grant of ad-interim injunction, restraining the respondents, its men, servants, agents, assigns, directors, officers or any person claiming through or under them from issuing, circulating, publishing the offending advertisements (the theme of which is titled – Jago Grahak Jago), filed as plaint Doc.No.1 or in any other similar advertisement in any other media, which is filed as plaint Doc.No.3 or any article in magazine published in Consumer Voice filed as plaint Doc.No.2 which refer to the test conducted and the scores and or ranking given thereby seeking to disparage / denigrate the applicant's products by making false and misleading representations either directly or indirectly or in any other manner whatsoever, pending disposal of the suit.
(ii) O.A.317 of 2012: This application has been moved under Order XIV Rule 8 of O.S.Rules r/w Order 39 Rules 1 & 2 and Section 151 of the Code of Civil Procedure, for grant of ad-interim injunction, restraining the respondents, its men, servants, agents, assigns, directors, officers or any person claiming through or under them from in any manner publishing, circulating, advertising the article or the tests conducted and ranking given by the 3rd and 4th respondents in their magazine or any other similar advertisement by referring to and relying upon the test report of the 3rd and 4th respondents or any other advertisements which seek to disparage / denigrate the applicant's products by making false and misleading representations either directly or indirectly or in any other manner whatsoever, pending disposal of the suit.
(iii) O.A.318 of 2012:This application is also under Order XIV Rule 8 of O.S.Rules r/w Order 39 Rules 1 & 2 and Section 151 of the Code of Civil Procedure, for grant of ad-interim injunction, restraining the respondents, its men, servants, agents, assigns, directors, officers or any person claiming through or under them from making any false, misleading and disparaging representations or from making any slanderous statements / representations in respect of the applicant's products, pending disposal ofthe suit.
(iv) O.A.319 of 2012:This application again has been filed under Order XIV Rule 8 of O.S.Rules r/w Order 39 Rules 1 & 2 and Section 151 of the Code of Civil Procedure, for grant of ad-interim injunction, restraining the respondents, its men, servants, agents, assigns, directors, officers or any person claiming through or under them from conducting the tests for biological efficacy for liquid vaporizers or any other product which seek to disparage / denigrate the applicant's products by making false and misleading representations either directly or indirectly or in any other manner whatsoever, pending disposal of the suit.
(v) O.A.320 of 2012:This application has been filed under Order XIV Rule 8 of O.S.Rules r/w Order 39 Rules 1 & 2 and Section 151 of the Code of Civil Procedure, for grant of ad-interim injunction, restraining the respondents, its men, servants, agents, assigns, directors, officers or any person claiming through or under them from redistribution, copying and or distribution of the article published in Consumer Voice Magazine February 2012 issue or any other similar material, including point of sale material like danglers, posters etc. to any agent, trader, distributor or any other person, whatsoever, pending disposal of the suit.
2. The reading of all these applications would show, that overlapping relief in all these applications have been made by invoking Order XIV Rule 5 of the O.S.Rules, which reads as under:
"5. (a) A Judge’s summons, or Master’s summons shall state the provision of law under which it is made and shall not contain more than one prayer unless the prayers are consequential. It shall state only the substance of the order prayed for w