Horlicks Limited & ANR. v. Zydus Wellness Products Limited

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 464/2019 HINDUSTAN UNILEVER LIMITED ..... Plaintiff Through:

Mr. Ankur Sangal, Ms. Sucheta Roy and Mr. Kiratraj Sadana, Advocates.

versus ZYDUS WELLNESS PRODUCTS LIMITED ..... Defendant Through:

Mr. Sagar Chandra and Ms. Ankita Seth, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 08.01.2024 I.A. 324/2024(under Order XXIII Rule 1 r/w Section 151 of CPC on behalf of Plaintiff) 1.

The instant suit was filed in respect of a TV commercial ("TVC") launched by the Defendant, which allegedly disparaged the Plaintiff's product "HORLICKS" through an unfair comparison between Plaintiff's product and Defendant's product.

2.

The Plaintiff submits that the TVC is no longer being published or circulated by the Defendant. This aspect is not disputed by counsel for Defendant. In view of the above, and without prejudice to his rights and contentions, counsel for Plaintiff seeks permission to withdraw the present suit.

3.

Considering the above, the present application is allowed and 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 06/05/2024 at 16:04:09

disposed of.

CS(COMM) 464/2019 4.

In light of the order passed in I.A. 324/2024, the suit is dismissed as withdrawn under Order XXIII Rule 1 of Code of Civil Procedure, 1908, with liberty to Plaintiff to take appropriate course of action in case the need so arises in future, in respect of a fresh cause of action where any advertisement similar to the one which was subject matter of the present suit is circulated or published.

5.

The next date of hearing fixed before the Joint Registrar, i.e., 27th February, 2024 stands cancelled.

SANJEEV NARULA, J JANUARY 8, 2024 d.negi 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 06/05/2024 at 16:04:09