Tensberg Breweries and Industries Pvt Ltd & Ors. v. Carlsberg Breweries A/S & Anr.

1. Appellant impugns order dated 16.09.2022, whereby on an application under Order XXXIX Rule 1 and 2, an ad-interim injunction has been granted in terms of prayers 5 (i) and 5 (ii) of the This file is to HMJ Sanjeev Sachdeva. application.

2. Prayers 5 (i) and 5( ii) of the application read as under:-

3. It is noticed that the impugned order was passed on the very first date of hearing. Though the appellants were on caveat, no reply or written statement was filed by them either prior or on the said date of hearing. Since it was the first date, there was no opportunity available to the appellants to file their response to the suit or the application.

4. It is informed that written statement has now been filed before the learned single Judge.

5. With the appeal, appellant had furnished the stock details, stock MAGGU of finished goods and stock of raw material as on 18.09.2022. The list is as under: -

6. On 23.09.2022, purely as an interim arrangement and without prejudice to the rights and contentions of the parties, it was agreed that the appellant may exhaust the stock of finished goods as on 18.09.2022 i.e., stock shown in table 1 and 2 extracted hereinabove, subject to maintaining full accounts as well as furnishing the same before this Court.

7. A prayer has been made by learned senior counsel for the MAGGU appellant on behalf of the appellant to permit the appellant to bottle/can the stock of raw material as shown in table 3 above i.e., 100000 cases of 650 ML bottles.

8. Appellant has also produced a list dated 30.10.2022, which is signed by the Production Manager and Brew Manager giving the beer quantity in the 14 tanks. The same is taken on record. The quantity is as under:- MAGGU

9. Learned senior counsel for the appellants submits that since brewing of the beer has commenced, it would have a limited shelf life and is likely to become unconsumable, so it is prayed that appellants be permitted to import the said quantity and sell in the Indian market subject to making compliances with the statutory requirements, interalia, of custom and excise.

10. After some arguments, it is agreed between the parties that without prejudice to the rights and contentions of the parties and subject to appellant depositing a sum of Rs.25,00,000/- with the bottle/can the above quantity in the alleged impugned bottles and cans and market the same in India subject to making the necessary statutory compliances. The amount to be deposited shall be subject to further orders to be passed by the learned single Judge in the suit.