Britannia Industries Ltd v. Itc Ltd & ORS.
$~67 & 68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 65/2021 & CM APPL. 14813/2021 BRITANNIA INDUSTRIES LTD ..... Appellant Through Mr. Sudhir Chandra, Senior Advocate with Ms. Ishani Chandra, Advocate and Ms. Shubhie Wahi, Advocate.
versus ITC LTD & ORS.
..... Respondents Through Mr. Sajan Poovayya, Sr. Advocate with Mr. Sudeep Chatterjee, Ms.
Nupur Lamba and Mr. Kiratraj Sadana, Advocates.
AND + FAO(OS) (COMM) 66/2021 & CM APPL. 14816/2021 BRITANNIA INDUSTRIES LTD ..... Appellant Through Ms. Ishani Chandra, Advocate and Ms. Shubhie Wahi, Advocate.
versus ITC LTD & ORS.
..... Respondents Through Mr. Sajan Poovayya, Sr. Advocate with Mr. Sudeep Chatterjee, Ms.
Nupur Lamba and Mr. Kiratraj Sadana, Advocates.
% Date of Decision: 04th August, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE NAVIN CHAWLA
J U D G M E N T
MANMOHAN, J : (Oral) 1.
The appeals have been heard by way of video conferencing. 2.
The present appeals arise from the impugned order/judgment dated 05th April, 2021 passed in I.A Nos. 12115/2020 in CS(COMM) 553/2020 and I.A No. 12125/2020 in CS(COMM) 554/2020, which were filed impugning the packaging of the Respondent No.1/Defendant No.1 depicted hereinbelow:- Impugned Packaging in CS(COMM) No. 553 of 2020 Farmlite 5Seed Farmlite 5Seed
Impugned Packaging in CS(COMM) No. 554 of 2020 3.
During the pendency of the suits, the Defendant No.1/Respondent No.1 modified the packaging of the products in question, namely, 'Sunfeast Farmlite 5-Seed Digestive' and 'Sunfeast Farmlite Veda Digestive', and released the same into the market. This modified packaging is depicted hereinbelow:-
Modified Packaging in CS(COMM) No. 553 of 2020 Farmlite 5Seed Farmlite 5Seed Modified Packaging in CS(COMM) No. 554 of 2020
4.
Vide the impugned order/judgment dated 5th April, 2021, the learned Single Judge dismissed I.A Nos. 12115/2020 in CS(COMM) 553/2020 and I.A No. 12125/2020 in CS(COMM) 554/2020, thereby giving rise to the present appeals.
5.
The parties have now amicably resolved the matter as per the following agreed terms:- i.
The Respondents shall not use the product packaging impugned in the Suits bearing CS(COMM) No. 553/2020 and CS(COMM) No. 554/2020 as depicted hereinabove in para 2.
ii.
The Respondents have modified their packaging of the products 'Sunfeast Farmlite 5-Seed Digestive' and 'Sunfeast Farmlite Veda Digestive' which are already in the market. The same have been reproduced hereinabove in para 3.
iii.
The Appellant has no objection to the use of the modified packaging of the Respondents as depicted hereinabove. iv.
In consideration of the above acknowledgments by the Respondents, the appellant gives up its claim for rendition of accounts, damages, costs etc.
v.
The parties further agree that the present appeals be disposed of and the Suits bearing CS(COMM) No. 553/2020 and CS(COMM) No. 554 of 2020 be decreed in terms of the above. 6.
Consequently, the impugned order dated 5th April, 2021 passed in I.A Nos. 12115/2020 in CS(COMM) 553/2020 and I.A No. 12125/2020 in CS(COMM) 554/2020 is set aside and the same shall not be treated as a precedent. The questions of law raised in the present appeals are left open. Further both the Civil Suits being CS(COMM) 553/2020 and CS(COMM) 554/2020 are withdrawn to this Court and decreed in terms hereinabove but without any order as to costs. Accordingly, the present appeals along with pending applications and CS(COMM) 553/2020 as well as CS(COMM) 554/2020 stand disposed of.
7.
The Advocates on Record for both the parties are directed to sign the today's order sheet as a token of acceptance of the terms mentioned hereinabove. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J NAVIN CHAWLA, J AUGUST 4, 2021 AS