Barin Ghosh, J. - (1.) In the plaint the plaintiff has prayed, inter alia, for perpetual injunction restraining the defendants from further publishing the advertisements contained in Annexure 'B' to the plaint or any other similar advertisement making disparaging reference to the plaintiff's Robin Liquid Blue. In the present application, the plaintiff has prayed for, inter alia, a temporary injunction of similar nature. On 1st February, 1996 the present application was moved before me ex parte, when I passed an order of injunction of the nature indicated above.
(2.) In support of the said Order I recorded the following reasons :- "The plaintiff is the manufacturer of a whitener sold under the brand-name Robin Blue. The defendants are also manufacturing a whitener and selling their product under the brand-name Ujala. It is the case of the plaintiff that for the purpose of promoting the sale of Ujala the defendant are seeking to project as if the goods of the plaintiff are inferior to that of the defendants. I have been shown certain advertisements from which it appears that although the name of the plaintiff or the brand name of the plaintiff has not been mentioned in the container in which the products of the plaintiff are sold but the same has been specially shown and identified as 'Blue'. It further appears that similar advertisements have also been published even in to-day's newspapers. In those circumstances the plaintiff has filed this suit and has made this application seeking an ex parte ad interim order. The defendants in the matter of promoting sale of their products are free to take such steps as they may be advised but they cannot project their goods in such a way as to represent to the world at large that the goods of somebody else is inferior to theirs and thereby affect the market of that third party. It appears that the defendants have done the same by putting the advertisements which have been shown to the court by the learned counsel appearing on behalf of the plaintiff. In the event the defendants are permitted to carry on what they are doing today then there is every possibility of the market of the plaintiff's product losing its field which cannot be compensated in money and therefore the plaintiff has not only made out a prima facie case for an order of injunction as prayed for but such order of injunction is also necessary having regard to the balance of convenience and inconvenience. On the other hand if the defendants are restrained from diminishing the goodwill and repute as well as the effectiveness of the products of the plaintiff, the defendants will not suffer in any manner whatsoever."
(3.) The defendant no. 1 has allegedly made disparaging representations in regard to Robin Liquid Blue of the plaintiff by publishing the subject advertisements through defendant No. 2, who is the advertising agent of the defendant no. 1. On 19th February, 1996 when the present application was taken up for hearing as Motion (New), the learned counsel appearing on behalf of the defendant no. 1 submitted that I should vacate the order passed by me on 1st February, 1996. In support of the said submissions the learned counsel for the defendant no. 1 contended that in law and on the facts as alleged in the plaint and in the petition, the plaintiff was not entitled to such an injunction. The learned counsel for the defendant no. 1 on that date also cited a few authorities on the subject. After hearing such submissions and the reply thereto given by the learned counsel appearing on behalf of the plaintiff, I retained the order dated 1st February, 1996 and refused to vacate the same and in support thereof gave the following reasons :- "On 1st February, 1996, I passed an ad interim order in terms of prayer (a) of the petition, whereby and where under I restrained the respondents from publishing further advertisements as were publishing by them, which have been annexed as Annexure-B to the petition, or any other similar advertisement making disparaging representations of the petitioner's Robin Liquid Blue or any of the petitioner's products for the reasons recorded in the said order. Mr. Gautam Chakraborty, appearing on behalf of the respondent had asked me to vacate the said order principally on two fold grounds, (1)the respondents have not in any way disparaged any of the products of the petitioner and (2) the respondents have stated that their goods are better than others, which they are entitled to, in the subject advertisements. ;