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08.01.2024

1.

While hearing a Civil Suit being CS (COMM) 780/2023 filed by

Plaintiff-The Hershey Company-a well-known chocolate company, seeking

injunction before the Diwali period against the Defendant-Atul Jalan from

selling expired chocolates by re-packaging the same, the learned Single Judge

found that the Defendant, who was a rank counterfeiter had knowledge of and

access to the Plaintiff’s mark and packaging and had blatantly copied them

misrepresenting their expired and counterfeit chocolates as Plaintiff’s products.

2.

The learned Single Judge, prima facie, concluded that the suit revealed

an extraordinary situation involving public health, particularly relating to food

This is a digitally signed order.

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products, and therefore, directed it to be placed before one of us (The Acting

Chief Justice) for being taken up on the judicial side in the manner as deemed

appropriate. Consequently, the matter was directed to be registered as a public

interest litigation.

3.

From the order dated 19^th December, 2023 passed by the learned Single

Judge, it is apparent that there is a coordinated and systematic mechanism in

place by which the expired products are being re-packaged/re-branded with

new expiry dates and are being introduced into the markets.

4.

Accordingly, issue notice without process fee to the Union of India,

Government of NCT of Delhi and Food Safety and Standards Authority of

India and Delhi Police through their standing counsel, returnable on 8^th

February, 2024.

5.

This Court also appoints Ms. Shwetasree Mazumdar, learned counsel as

Amicus Curiae in this matter.

6.

The Registry is directed to forward a copy of this order to Ms.

Shwetasree Mazumdar, Amicus Curiae.

7.

List on 8^th February, 2024.

ACTING CHIEF JUSTICE

MANMEET PRITAM SINGH ARORA, J

JANUARY 8, 2024/rhc

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 09/01/2024 at 22:10:22