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HIGH COURT OF DELHI
FAO (OS) Nos.4/2011 & 5/2011 HEINZ INDIA(P)LIMITED Appellant
FAO (OS) Nos.4/2011 & 5/2011 HEINZ INDIA(P)LIMITED Appellant
VERSUS
GLAXOSMITHKLINE CONSUMER HEALTHCARE LIMITED Respondent
FAO(OS)Nos.6/2011 HEINZ INDIA(P)LIMITED Appellant
FAO(OS)Nos.6/2011 HEINZ INDIA(P)LIMITED Appellant
VERSUS
HORLICKS LIMITED & ANR. Respondents
Through-. Mr.Sumeet Wadhwa, Adv. for the Appellants.
Ms. Ankita Ubeja, Adv. for the Respondents.
Through-. Mr.Sumeet Wadhwa, Adv. for the Appellants.
Ms. Ankita Ubeja, Adv. for the Respondents.
CORAM:
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MS. JUSTICE INDERMEET KAUR
19.03.2013 Learned counsel for the parties have obtained instructions and requestthat the appeals be disposedofin the following terms: i) The parties agree that the suits have to go to trial for final adjudication andthetrialis already proceeding in which boththeparties will assist to have an early conclusion oftrial.
FAO (OS)Nos. 4/2011,5/2011 & 6/2011 Page 1 of2
2013:DHC:6919-DB r- ii) Learned counsels for the parties have no quibble with the legal proposition laid down in the impugned order though the appellant disputes the factual finding based on the legal principles. iii) During the pendency of the suits, the advertisements of both the parties in question, forming subject matter of the suits, with which the respective opposite parties were offended, will not be published or circulated. It maybenoticed thatnoneof the partieshavebeenrunning the advertisements for a considerable period oftime. iv) In view of the aforesaid interim arrangement, the interim order dated 04.03.2011 stands dissolved as the continuation ofthe order would have implied that both the parties can publish their respective advertisements.
The appeals accordinglystand disposed of SANJAY KISHAN KAUL, J i/^
INDERMEET KAUR, J MARCH 19,2013/dm FAO(OS)Nos. 4/2011, 5/2011 &6/2011 Page 2 of2
2013:DHC:6919-DB
HON'BLE MS. JUSTICE INDERMEET KAUR
19.03.2013 Learned counsel for the parties have obtained instructions and requestthat the appeals be disposedofin the following terms: i) The parties agree that the suits have to go to trial for final adjudication andthetrialis already proceeding in which boththeparties will assist to have an early conclusion oftrial.
FAO (OS)Nos. 4/2011,5/2011 & 6/2011 Page 1 of2
2013:DHC:6919-DB r- ii) Learned counsels for the parties have no quibble with the legal proposition laid down in the impugned order though the appellant disputes the factual finding based on the legal principles. iii) During the pendency of the suits, the advertisements of both the parties in question, forming subject matter of the suits, with which the respective opposite parties were offended, will not be published or circulated. It maybenoticed thatnoneof the partieshavebeenrunning the advertisements for a considerable period oftime. iv) In view of the aforesaid interim arrangement, the interim order dated 04.03.2011 stands dissolved as the continuation ofthe order would have implied that both the parties can publish their respective advertisements.
The appeals accordinglystand disposed of SANJAY KISHAN KAUL, J i/^
INDERMEET KAUR, J MARCH 19,2013/dm FAO(OS)Nos. 4/2011, 5/2011 &6/2011 Page 2 of2
2013:DHC:6919-DB
JUDGMENT