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2018 Supreme(Mad) 1661

M.M.SUNDRESH, N.ANAND VENKATESH
Adani Wilmar Ltd – Appellant
Versus
A. S. Hansraj, Member of Lions Club – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. P.R. Raman Senior Counsel for Mr. C. Seethapathy
For the Respondents: Mr. J. Sivanandaraj for Mr.N.Senthil Kumar

JUDGMENT :

N. ANAND VENKATESH, J.

1. The appellants in this Original Side Appeal are the defendants in the suit filed before this Court in C.S.No.609 of 2016 and this OSA has been directed against the order passed by the learned single Judge in Application No.5506 of 2016, dated 21.03.2017 wherein the appellants sought for revocation of leave granted to the respondents herein who are the plaintiffs in the said suit.

2. For the sake of convenience, the parties in the above appeal will be referred in accordance with their status in the above suit.

3. Brief Facts:

3.1. The plaintiffs filed the above suit for the relief of declaration and permanent injunction and for a direction against the defendants on a cause of action that the advertisement that was made in the newspaper and circulated in Chennai by the defendants has the effect of misleading the gullible general public and will induce innocent people/consumers into believing that the first defendant's product “Fortune VIVO - DIABETES - CARE OIL” can cure diabetes/high blood pressure levels and that such an advertisement made by the defendants will amount to a public nuisance and a wrongful act which will affect the public.

3.2. The plai
















































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