Gita Mittal, J. - (1.) Cav.No.441/2018 Ld. counsel for the caveator has put in appearance on advance notice and has been heard. The caveat stands discharged. CM No.19038/2018 Allowed, subject to just exceptions. The application is disposed of. FAO(OS) 77/2018 & CM No.19037/2018 The respondent herein filed a suit, being CS(OS)No.156/2018, on the Original Side of this court, against the present appellant alleging that the advertisements issued by the appellant in the media, with regard to an offer for its 4G customers during the T20 cricket matches, were deceptive, misleading and misrepresentative to the consumers inasmuch as the disclaimers in the said advertisements did not make it clear to the intending customers that the subscription is free only for the Hotstar application and that the consumers were still required to pay data usage charges when they viewed the matches on the said applications.
(2.) Along with the plaint, the plaintiff/respondent filed an application being I.A.No.4933/2018 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure seeking the following prayers : "a) Pass an interim ex parte injunction in favour of the plaintiff restraining the defendant, their representatives, from in any manner publishing/airing/televising or propagating in any mode or manner either orally / writing / publishing / telecasting or airing the Subject Advertisements or any similar advertisement claiming to offer free live streaming of cricket T20 matches during the pendency of the present suit. b) Pass an interim ex parte injunction in favour of the plaintiff and against the defendant, their employees, agents, officers, assigns, representatives directing and/or commanding them to forthwith suspend/from their website, inter alia being www airtel.in, and from the website www youtube.com and from such other website belonging to the defendant and/or other websites which are available for access and viewing to the general public, the subject advertisements and all material / articles / stories / news / report etc. which relate to the Subject advertisements and/or any related advertisement campaign claiming that the defendant offers "free" live viewing/streaming of cricket T20 matches to subscribers/consumers during the pendency of the present suit."
(3.) The above application came up for consideration on the 13th of April 2018 (page 47) before the ld. Single Judge when the appellant/defendant was represented on advance notice and submissions were made on its behalf which have been noted in para 6 of the order recorded on that date. These submissions deserve to be noted in extenso and read as follows : "6. The learned senior counsel appearing on behalf of the defendant on advance notice argued the plaintiff is jealous competitor and what is meant by 'free subscription' is free subscription of HOTSTAR network and whereas the advertisement specifically provides if one intends to watch the game one has to us e data as per the plan taken by him/her. However, during the course of the arguments, the learned senior counsel for the defendant, under instructions, agreed the defendant would include the following in its advertisement in bold letters:- a) the subscription of HOTSTAR shall only be free; and b) the data charges will be as per subscriber's tariff plan.";