Philips India Pvt. Ltd. vs Shree Sant Kripa Appliances Pvt. ... on 19 January, 2015

Reserved on: 30.10.2014 % Judgment delivered on: 19.01.2015 + CS(OS) No.1913/2014 PHILIPS INDIA PVT. LTD. ....PLAINTIFF VERSUS SHREE SANT KRIPA APPLIANCES PVT. LTD. .....DEFENDANT ADVOCATES WHO APPEARED IN THIS CASE: For the Petitioner : Mr. Anish Kapur and Mr. Mohit Mathur, Advs. For the Respondents : Mr. Shailen Bhatia and Ms. Priti, Advs.

CORAM :-

HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J IA No.11819/2014 (u/O 39 R1 & 2 r/w S.151 CPC for stay)

1. The present suit has been filed to seek a decree of permanent injunction qua the defendant against what the plaintiff construes as false, misleading and disparaging representations. The representations, according to the plaintiff, are essentially in the form of advertisements/internet representations. The captioned application, which is what I am concerned with presently, is filed in aid of the reliefs claimed in the suit.

1.1 The suit, as framed, is in the nature of trade libel, which is also interchangeably, referred to as an action for injurious falsehood or, more appropriately, an action for malicious falsehood.

CS(OS) No.1913/2014 Page 1 of 16

1.2 The peculiarity of the present action is that the impugned advertisements are generic in nature which, while comparing two rival products do not specifically name the plaintiff. The two rival pro