Will impose costs if it’s a luxury litigation: Delhi HC to Patanjali on plea over Chyawanprash ads

The appeal was taken up before a bench of Justices C Hari Shankar and Om Prakash Shukla on Friday. Justice Shankar, addressing Patanjali’s counsel, orally remarked: “Where is the irreparable loss? Nothing. We have put our mind. If we find that it is a luxury litigation, we would impose costs… We are not going to allow every ‘aaltu faaltu’ appeal.”

The bench further orally remarked, “This is a generic disparagement case. The interim order is purely discretionary. Why should we interfere in the appeal? The principles are applied correctly.”

Following the bench’s oral remarks, Patanjali’s counsel sought time to come back. The court is now due to consider the appeal next on September 23.

In its suit, Dabur India Limited had accused Patanjali Ayurved Ltd of disparagement and denigration of ‘Dabur Chyawanprash’ — and of the entire class of Chyawanprash in general — in ads of ‘Patanjali Special Chyawanprash’.

Dabur also accused Patanjali of making “false and misleading statements” in the ads, in disparaging comparison with “Dabur Chyawanprash” and other existing Chyawanprash in the market.
Justice Mini Pushkarna had held that “a clear case of disparagement was made out”. The judge had directed that the parts in the ads — ‘Jinko ayurved or vedon ka gyaan nahi charak, sushrut, dhanvantri aur Chyawanrishi ki parampara ke anuroop, original Chyawanprash kaise bana payenge’, ‘Toh ordinary Chyawanprash kyu’ and ‘Why settle for ordinary Chyawanprash made with 40 herbs?’ — be deleted.

Dabur advertises its Chyawanprash as containing ‘40+’ ayurvedic herbs.

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