Patanjali Ayurved, has escalated its battle to the Delhi High Court by challenging a single judge’s directive that restrains the company from airing advertisements allegedly criticizing Dabur’s Chyawanprash. This case was recently presented before a division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla.

Signalling their scepticism about the merit of this appeal the bench came down upon  petitioner Patanjali, stating, "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.”

Facts:

This matter springs from an interim order dated July 3, in which the single judge permitted Dabur India Limited’s applications against Patanjali’s advertisements. The Court had pointed out that Patanjali’s TV commercial portrayed existing Chyawanprash products as ordinary, urging consumers to reject these supposedly inferior goods that allegedly do not comply with Ayurvedic knowledge or ancient texts and traditions.

The narrative gained further significance due to the endorsement by yoga guru Baba Ramdev, the public face of Patanjali , who enjoys widespread recognition as an expert in the field.

The single judge thus directed Patanjali to remove the first two lines from the advertisements, namely, "Why settle for ordinary Chyawanprash made with 40 herbs?".  Earlier in the hearing, the Court remarked to Senior Advocate Jayant Mehta, representing Patanjali, that there appeared to be no ground to entertain an appeal against the discretionary order issued by the single judge.

A miffed bench further warned Mehta, that if the appeal were found to be "useless," it might result in costs being imposed on Patanjali Ayurved. Justice Shankar emphasized the point by stating, "Where is the irreparable loss? Nothing. We have put our mind to it. If we find that it is a luxury litigation, we would impose costs…We are not going to allow every 'aaltu faaltu' appeals now’’.

In response, Mehta requested some time to consult with the opposing side before returning with a comprehensive stance.

At the close of the hearing, the bench further ordered modifications to the printed advertisements in both Hindi and English.

Additionally, Patanjali was instructed to delete from the TV commercial the line: "Jinko Ayurved or Vedon ka gyaan nahi Charak, Sushrut, Dhanyantri aur Chyawanrishi Ki Parampara ke Anuroop, original Chyawanprash kaise bana payenge"."

The case is scheduled to be heard again on September 23.

Case Details: Ayurved v. Dabur India Limited