Delhi HC lambasts Patanjali for appealing against order restraining it from using ‘disparaging’ ads against Dabur Chyawanprash, warns of imposing cost
The Delhi High Court on Friday warned that costs will be imposed on Patanjali if an appeal filed by against a single judge order is found to be useless. The court made the comments while admitting the Patanjali’s appeal challenging an order restraining it from running advertisements attacking rival Dabur’s Chyawanprash . The appeal is being heard by a bench of Justice C Hari Shankar and Justice Om Prakash Shukla. While taking up the case, the bench said that there was no reason why it should sit in appeal over the single judge order which is discretionary in nature. The court then told Patanjali’s counsel that if the Court finds that the appeal is a luxury litigation and useless, then costs will be imposed on Patanjali Ayurved. Patanjali has challenged a July 3 order by Delhi High Court from running allegedly disparaging advertisements against Dabur Chyawanprash. Dabur had moved the court alleging that Patanjali Ayurved was running advertisements disparaging its Chyawanprash product. In the ad, Baba Ramdev says, “Jinko Ayurved aur Ved ka gyaan nahi, Charak, Sushrut, Dhanwantari aur Chyawanrishi ke parampara mein ‘original’ Chyawanprash kaise bana payenge?” The ad urges customers to use its Chyawanprash made of 51 herbs instead ‘ordinary Chyawanprash’ containing 40 herbs. The ad further claims that its rival Chyawanprash is harmful for children. The court today noted that by using the term 40 herbs, the Patanjali ad was clearing targeting Dabur’s Chyawanprash. The bench said, “You have said, ‘Why settle for ordinary chyawanprash made with 40 herbs?’ So, when you have used the word 40 herbs, it is an obvious reference to the respondent.” The bench added that the single judge has treated the advertisement as disparaging, and there is no reason why the division bench should sit over the discretionary order in this regard. The bench further said, “You have painted in black everyone else who is making chyawanprash, that they don’t know what chyawanprash is and how it is made, so how will they make chyawanprash. This is a generic disparagement case. The interim order is purely discretionary. Why should we interfere with this interim order? Tell us.” The bench then said, “If we find now that it is a useless appeal, we will impose costs. If we find it is a luxury litigation, we will impose a cost. We have made our minds clear to you. Where is your irreparable loss? We are not going to allow ‘aaltu faaltu’ appeals for everything. It is not that this order is going to hurt you. You have lots of money, so you can file an appeal in every case”. On this, Patanjali’s lawyer urged the court to grant him time discuss the matter with his client, and the court listed the matter for next hearing on 23 September.
The Delhi High Court on Friday warned that costs will be imposed on Patanjali if an appeal filed by against a single judge order is found to be useless. The court made the comments while admitting the Patanjali’s appeal challenging an order restraining it from running advertisements attacking rival Dabur’s Chyawanprash .
The appeal is being heard by a bench of Justice C Hari Shankar and Justice Om Prakash Shukla. While taking up the case, the bench said that there was no reason why it should sit in appeal over the single judge order which is discretionary in nature. The court then told Patanjali’s counsel that if the Court finds that the appeal is a luxury litigation and useless, then costs will be imposed on Patanjali Ayurved.
Patanjali has challenged a July 3 order by Delhi High Court from running allegedly disparaging advertisements against Dabur Chyawanprash. Dabur had moved the court alleging that Patanjali Ayurved was running advertisements disparaging its Chyawanprash product.
In the ad, Baba Ramdev says, “Jinko Ayurved aur Ved ka gyaan nahi, Charak, Sushrut, Dhanwantari aur Chyawanrishi ke parampara mein ‘original’ Chyawanprash kaise bana payenge?”
The ad urges customers to use its Chyawanprash made of 51 herbs instead ‘ordinary Chyawanprash’ containing 40 herbs. The ad further claims that its rival Chyawanprash is harmful for children.
The court today noted that by using the term 40 herbs, the Patanjali ad was clearing targeting Dabur’s Chyawanprash. The bench said, “You have said, ‘Why settle for ordinary chyawanprash made with 40 herbs?’ So, when you have used the word 40 herbs, it is an obvious reference to the respondent.”
The bench added that the single judge has treated the advertisement as disparaging, and there is no reason why the division bench should sit over the discretionary order in this regard.
The bench further said, “You have painted in black everyone else who is making chyawanprash, that they don’t know what chyawanprash is and how it is made, so how will they make chyawanprash. This is a generic disparagement case. The interim order is purely discretionary. Why should we interfere with this interim order? Tell us.”
The bench then said, “If we find now that it is a useless appeal, we will impose costs. If we find it is a luxury litigation, we will impose a cost. We have made our minds clear to you. Where is your irreparable loss? We are not going to allow ‘aaltu faaltu’ appeals for everything. It is not that this order is going to hurt you. You have lots of money, so you can file an appeal in every case”.
On this, Patanjali’s lawyer urged the court to grant him time discuss the matter with his client, and the court listed the matter for next hearing on 23 September.
