Delhi High Court
Britannia Industries Ltd vs Itc Ltd & Ors. on 4 August, 2021
$~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
68
+ 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
JUDGMENT
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.08.2021
22:53:11
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:-
Product Impugned Packaging in CS(COMM) No. 553 of 2020
Description
Sunfeast
Farmlite 5-
Seed
Digestive
(Pillow
Packaging)
Sunfeast
Farmlite 5-
Seed
Digestive
(Box
Packaging)
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.08.2021
22:53:11
Product Impugned Packaging in CS(COMM) No. 554 of 2020
Description
Sunfeast
Farmlite
Veda
Digestive
(Pillow
Packaging)
Sunfeast
Farmlite
Veda
Digestive
(Box
Packaging)
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:-
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.08.2021
22:53:11
Product Modified Packaging in CS(COMM) No. 553 of 2020
Description
Sunfeast
Farmlite 5-
Seed
Digestive
(Pillow
Packaging)
Sunfeast
Farmlite 5-
Seed
Digestive
(Box
Packaging)
Product Modified Packaging in CS(COMM) No. 554 of 2020
Description
Sunfeast
Farmlite
Veda
Digestive
(Pillow
Packaging)
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.08.2021
22:53:11
Sunfeast
Farmlite
Veda
Digestive
(Box
Packaging)
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.
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.08.2021
22:53:11
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
Signature Not Verified
By:KRISHNA BHOJ
Signing Date:04.08.2021
22:53:11
