IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
Marico Limited – Appellant
Versus
Alpino Health Foods Private Limited – Respondent
CS(OS) 872/2024 | I.As. 43856/2024 | 48223/2024
| Table of Content |
|---|
| 1. recording of settlement under order xxiii rule 3 cpc. (Para 1 , 2 , 3) |
| 2. decreeing the suit based on settlement terms and procedural directions. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
O R D E R
I.A. 10934/2026
1. This joint application is filed on behalf of the Plaintiff and Defendant under Order XXIII Rule 3 read with Section 151 CPC for recording of settlement between the parties.
2. As stated in the application, Defendant has amended the impugned advertisement referred to as ‘Advertisement No. 1’, which has been filed in a USB Flash Drive along with the present application and Plaintiff has agreed that it shall not have any objection if the Defendant uses advertisement No. 1 albeit present settlement shall not prevent the Plaintiff from taking any action against any future advertisement by the Defendant. Defendant has confirmed that it has permanently deleted, de-listed, removed, taken down and discontinued the use, broadcast and publication of all other advertisements impugned in the present suit and is not using, broadcasting and/or publishing any advertisement or communication of similar nature in any language or in any manner. Defendant has also agreed that it shall not furnish any other advertisement in future allegedly disparaging the ‘Oats’ in question. Subject to these conditions, Plaintiff has undertaken not to press the relief of damages.
3. Court has perused the terms of settlement and finds the same to be lawful. Accordingly, this application is disposed of recording the settlement between the parties.
CS(OS) 872/2024 & I.As. 43856/2024, 48223/2024
4. This suit is instituted by the Plaintiff against the Defendant inter alia seeking a decree of permanent injunction restraining the Defendant and all others acting on its behalf from publishing or otherwise sharing, forwarding, communicating to the public through social media platforms or in any other manner, the impugned Advertisements or any part thereof or any other advertisement or communication of a similar nature in any language disparaging ‘Oats’ as a category of foods, in which Plaintiff is a market leader under the brand ‘Saffola’.
5. The suit is decreed in terms of settlement between the parties and needless to state, terms of settlement shall form a part of the decree and bind the parties thereto.
6. Plaintiff is permitted to place on record copy of ‘Advertisement No. 1’ in a pen drive in a sealed cover, which shall remain in the custody of the concerned Dealing Assistant.
7. Registry is directed to draw up the decree sheet.
8. Suit is disposed of along with the pending applications.
9. Plaintiff is held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870.
10. Date of 24.08.2026 before learned Joint Registrar stands cancelled.
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