Delhi High Court Questions Patanjali's Appeal In Dabur Chyawanprash Ad Case, Warns Of Costs

Patanjali Ayurved has moved the Delhi High Court challenging a single judge order restraining it from running advertisements allegedly disparaging to Dabur's Chyavanprash product.

The matter was heard today by a division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla.

At the outset, the Court orally told Senior Advocate Jayant Mehta representing Patanjali that there was no reason why it should sit in appeal over the single judge order which is discretionary in nature.

“You have painted black everyone who is making chyawanprash saying that they don't know how to make it…This is a generic disparagement case. The interim order is purely discretionary. Why should we interfere in appeal? The principles are applied correctly,” the Court remarked.

It also told Mehta that if the Court finds that the appeal is “useless”, then costs will be imposed on Patanjali Ayurved.

“Where is the irreparable loss? Nothing. We have put our mind. If we find that it is a luxury litigation, we would impose costs…We are not going to allow every “aaltu faaltu” appeals now….,” Justice Shankar said.

On this, Mehta sought some time to sit with the opposite side on the issue and come back to the Court.

Accordingly, the Court listed the matter for hearing on September 23.

Vide the impugned order passed on July 03, the single judge had allowed the interim applications filed by Dabur India Limited against the advertisements ran by Patanjali.

The Court had noted that Patanjali's TVC portrayed that the existing Chyawanprash in the market are ordinary and consumers ought not to settle for ordinary products, which are not prepared in accordance with ayurvedic knowledge as they are not manufactured as per ancient ayurvedic texts and tradition.

It had added that the narrative assumed more importance coming from the mouth of a person popularly known to be an expert in the field- yoga guru Babar Ramdev.

The single judge had directed Patanjali to delete the first two lines, i.e., „Why settle for ordinary Chyawanprash made with 40 herbs?‟ and modify the impugned Print Advertisements in both Hindi and English languages.

It had also directed Patanjali to delete from the TVC the line i.e., „Jinko Ayurved or Vedon ka gyaan nahi Charak, Sushrut, Dhanvantri aur Chyawanrishi Ki Parampara ke Anuroop, original Chyawanprash kaise bana payenge‟.”

Title: Patanjali Ayurved v. Dabur India Limited