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2026 Supreme(Online)(Del) 7188

IN THE HIGH COURT OF DELHI AT NEW DELHI
DABUR INDIA LIMITED – Appellant
Versus
EMAMI LIMITED – Respondent


JUDGMENT

V. KAMESWAR RAO, J.

1. This appeal has been filed by the petitioner with the following prayers:

“a. Allow the present appeal and set aside the Impugned Judgment dated 31.01.2026 in I.A. No. 14557 of 2023 passed by the Ld. Single Judge in the Civil Commercial Suit bearing 532 of 2023 titled as Emami Limited vs Dabur India Limited;

b. Grant a Stay against the operation of the Impugned Judgment dated 31.01.2026 in I.A. No. 14557 of 2023 passed by the Ld. Single Judge in the Civil Commercial Suit bearing 532 of 2023 titled as Emami Limited vs Dabur India Limited, during the pendency of the present Appeal;”

2. This appeal impugns the judgment dated 31.01.2026 in I.A. No.14557/2023 whereby the learned Single Judge had allowed the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) in favour of the respondent / plaintiff.

3. The impugned judgment notes that vide order dated 09.08.2023, the appellant/defendant was restrained from selling its product “COOL KING THANDA TAEL” in any manner in the Trade Dress or any similar Trade Dress to the product of the respondent / plaintiff being Navratna Oil as below:-

4. For the purpose of clarity, we are repr

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