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The Delhi High Court came down heavily on Patanjali Ayurved for appealing against a single judge’s July order restraining the company from running allegedly disparaging advertisements targeting Dabur’s Chyawanprash brand.
A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla repeatedly questioned the maintainability of the appeal, terming the case one of “generic disparagement.” According to Live Law, the bench orally remarked: “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 the appeal? The principles are applied correctly.”
The court further warned Patanjali that costs would be imposed if the appeal was found to be unnecessary. “Where is the irreparable loss? Nothing. We have put our minds. If we find that it is a luxury litigation, we would impose costs… We are not going to allow every ‘aaltu faaltu’ (frivolous) appeal now,” Justice Shankar observed.
The judges also pointed to Dabur’s long-standing advertisement claim of using “40+ herbs,” noting Patanjali’s line — “Why settle for ordinary chyawanprash made with 40 herbs?” — was an obvious reference to the rival brand. The bench also said, “When you have used the words ‘40 herbs’, it is an obvious reference to the respondent [Dabur].”
Faced with the court’s remarks, Patanjali’s senior advocate Jayant Mehta sought time to confer with his client and the opposite side. The court adjourned the matter for further hearing on September 23.
The appeal arises from Justice Mini Pushkarna’s July 3 order, which directed Patanjali to modify its television and print advertisements of ‘Patanjali Special Chyawanprash’.
The single judge had held that a “clear case of disparagement was made out” and directed deletion of lines such as: “Why settle for ordinary Chyawanprash made with 40 herbs?” and “Jinko ayurved or vedon ka gyaan nahi Charak, Sushrut, Dhanvantri aur Chyawanrishi ki parampara ke anuroop, original Chyawanprash kaise bana payenge?” (Those who do not have knowledge of Ayurveda and the Vedas, how will they be able to make the original Chyawanprash in accordance with the traditions of Charak, Sushrut, Dhanvantri, and Chyawan Rishi?)
Dabur India had accused Patanjali of denigrating its brand ‘Dabur Chyawanprash’ and misleading consumers by presenting rival products as substandard and “ordinary.” Dabur argued that Patanjali’s statements disparaged not only its product but the entire class of Chyawanprash available in the market.
The case will now return to court on September 23 for further consideration.