Madras High Court
Procter & Gamble Hygiene And Healthcare ... vs Reckitt Benckiser (India) Private ... on 12 August, 2024
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.35 of 20224
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2024
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.35 of 2022
Procter & Gamble Hygiene and Healthcare Limited,
Having its registered office at P&G Plaza,
Cardinal Gracias Road,
Chakala, Andheri (E),
Mumbai-400 099. ... Plaintiff
-vs-
Reckitt Benckiser (India) Private Limited,
Having its office at the Executive Center, Level 3B,
DLF Centre, Sansad Marg, Caonnaught Place,
New Delhi -110 001.
Also, at:
DLF Cyber Park, 6th and 7th Floor, Tower-C,
405B, Udyog Vihar, Phase-III, Sector-20,
Gurugram, Haryana-122 016. ... Defendant
PRAYER: Civil Suit (Commercial Division) filed under Order IV
Rule 1 of the O.S.Rules 1956, read with Order VII Rule 1 of the CPC
1908, read with Section 7 of the Commercial Courts, Commercial
Division and Commercial Appellate Division of High Courts Act (Act
No.4 of 2016), prays for a judgment and decree as against the
Defendants herein:
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C.S.(Comm.Div.) No.35 of 20224
(A) Perpetual injunction restraining the Defendant, its men,
servants, agents, assigns, directors, officers, or any person claiming
through or under it from
issuing/circulating/publishing/telecasting/streaming the offending
advertisement filed as Plaint Document No.2, or other similar
advertisement, in any media and in any language, and thereby,
disparaging/denigraiting the Plaintiff's product Vicks Cough Drops
by making false, injurious and misleading representations, either
directly or indirectly, or in any other manner whatsoever;
(B) Perpetual Injunction restraining the Defendant, its men,
servants, agents, assigns, directors, officers, or any person claiming
through or under it from making any false, misleading and
disparaging representations or from making any slanderous
statements/representations/comparisons/telecasts in respect of the
plaintiff's product Vicks Cough Drops;
(C) The Defendant be ordered and decreed to pay to the
Plaintiff a sum of Rs.1,50,00,000/- (Rupees One Crore Fifty Lakh
only) as special damages for acts of disparagement committed by the
Defendant; and
(D) Order Costs.
For Plaintiff : Ms.T.Madhumitha
for M/s.King and Partridge
For Defendant : M/s.E.Veda Bagath Singh
**********
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C.S.(Comm.Div.) No.35 of 20224
JUDGMENT
The plaintiff and the defendant have executed a memorandum
of settlement dated 29.07.2024. In terms thereof, the plaintiff has
agreed to withdraw the suit for reasons recorded in clause (1)
thereof.
2.By taking note of the memorandum of settlement, C.S.(Comm
Div) No.35 of 2022 is dismissed as withdrawn without any order as
to costs. Since such withdrawal is pursuant to the settlement, court
fee shall be refunded to the plaintiff.
12.08.2024
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.35 of 20224
SENTHILKUMAR RAMAMOORTHY,J
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C.S.(Comm.Div.) No.35 of 2022
12.08.2024
https://www.mhc.tn.gov.in/judis
