The Bombay High Court imposes penalty of 50 lacks for the violation of an injunction/ ad-interim order dated 30.08.2023 passed by the High Court restraining Patanjali Ayurveda Ltd. for the sale of its camphor products due to the trademark infringement case filed by Mangalam Organics Ltd.
Mr. Andhyarujina, the learned Senior Counsel of defendant has tendered reply on 02.07.2024 which included an unconditional and unqualified apology on behalf of defendant and an undertaking to abide by the orders of passed by the court. In the submitted affidavit Rajneesh kumar who was a deponent as well as defendant in the application of Plaintiff filed under Order XXXIX Rule 2(A) of the Code of Civil Procedure, 1908 (“CPC”) for breach of the ad-interim order dated 30th August 2023. It was admitted by the defendant about the breach of an interim order also after coming into knowledge to defendant about the order he continued to carry out supply and sale of injuncted product. Deponent stated that after the passing of order company continued supply the impunged product amounting to Rs. 49,57,861/- also mentions stock value of Rs. 25,94,505/- is still lying at Defendants whole sellers/distributors and authorised stores which has been ceased at that respective location.
The compilation of documents was tendered by the plaintiffs learned counsel Mr. Kamod which shows that the defendant sold the impugned Camphor product as recent as on 3rd July, 4th July and 8th July 2024. Further, the website of Defendant shows the impugned Camphor product being offered for sale as on 8th July 2024. It was mentioned that even after subsequent court order defendant by willful disregard persists for the breach of interim-order. The learned counsel of plaintiff stated that there is no mention in the affidavit about the sale of impunged product after 24th June 2024 and defendant has misleaded the court that the cumulative supply of impugned Camphor product is only amounting to Rs. 49,67,861/- after the passing of the impugned injunction order He also submitted that there has been supplies far in excess of this amount which is to be submitted by the reliance on recorded document.
The court under the lordship of Justice R.I. Chagla directed the defendant to deposit, a sum of Rs. 50,00,000/- (Rupees Fifty Lakh only) to the account of the Prothonotary & Senior Master of this Court within a period of one week from the date of this order prior to the passing of an order on contempt of the injunction.
The Court listed the matter for further consideration on 19th July 2024.
CASE NAME- MANGALAM ORGANIC LTD. V PATANJALI AYURVED LID. & ORS.
NAME: SAFA HUSSAIN, COURSE: B.A.LL.B. (Hons), COLLEGE: JAMIA MILLIA ISLAMIA, NEW DELHI, INTERN UNDER LEGAL VIDHIYA
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