Ghose,J. - (1.) AN interesting point has arisen in this appeal, namely, the appealability of an order directing issuance of rule after holding that the explanation given in the affidavit on behalf of the alleged contemner respondent company cannot be accepted. The learned Single Judge directed issuance of the rule against the company and its officers who are associated with the advertisement and media department. A rule was also issued against the alleged contemner respondent No. 2 being the other appellant on the ground that the said alleged contemner has admitted in his affidavit that the subsequent advertisement is in keeping with the Court's Order.
(2.) WHEN the aforesaid appeals were moved, the respondents have raised a preliminary objection as to the maintainability of the said appeal. It is being urged that the said appeal is not maintainable under Section 19 of the Contempt of Courts Act, 1971. It is being further urged that the order under challenge only directs issuance of the rule and it is not appealable even under Letters Patent. Since the question of maintainability has been urged we propose to decide the said issue first before considering the appeals on merit. The contempt application has been filed by the respondents for alleged violation of an order dated 5th March, 2010.
(3.) A suit was filed by the respondents for malicious slander of goods that is disparagement and infringement of Trademark Act, 1999 and Copyright Act. In the said proceeding an application was filed for interim reliefs. In the said application after contested hearing an order was passed in terms of Prayer (d) for a period of twelve weeks. The said Prayer (d) is reproduced hereinbelow : "(d) The respondents or its servants, agents, employees, officers, contractors or assigns or otherwise howsoever be restrained from publishing by telecasting or broadcasting or otherwise howsoever the impugned advertisement being Annexure "B" hereto in any television channels in English or in Hindi or in any other regional or vernacular language in this country or from, howsoever otherwise disparaging the petitioners' product "Tide'' or the petitioners in any manner whatsoever ;" ;