NEW DELHI: Patanjali Ayurved on Friday approached the Delhi High Court challenging an order restraining it from running disparaging advertisements against Dabur Chyawanprash.
At the outset, a bench of Justices C Hari Shankar and Om Prakash Shukla orally observed that it was a case of generic disparagement and the statements made by Patanjali are an obvious reference to respondent Dabur.
The court warned Patanjali that in case it finds it to be a luxury litigation and a useless appeal, it will impose costs.
“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 (Dabur).
The moment you say ordinary chyawanprash with 40 herbs you are making a representation to the public that the respondent’s chyawanprash is ordinary and mine (Patanjali) is excellent and why settle for his chyawanprash,” the bench told Patanjali’s counsel.
It said that the single judge has treated the advertisement as disparaging and it is any interim order and there is no reason why the division bench should sit over the discretionary order in this regard.
“These are plainly disparaging content.
‘Jinko Ayurved or Vedon ka gyaan nahi Charak, Sushrut, Dhanvantri aur Chyawanrishi Ki Parampara ke Anuroop, original Chyawanprash kaise bana payenge’.
So 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 said.
It added, “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’ ki 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”.