Delhi High Court on Wednesday refused to suspend its single judge order asking Britannia Industries Ltd not to use the packaging of its ‘Nutri Choice Digestive Zero’ biscuits in the present form, but said it would give a decision on the matter soon.
A bench of justices B D Ahmed and Ashutosh Kumar said they would shortly pronounce their decision on Britannia’s plea claiming that the single judge’s decision was bad in law and cannot be sustained.
The company said it was granted four weeks to phase out the existing stocks of ‘Nutri Choice Zero Digestive’ biscuits with the present packaging, which period expired yesterday.
To this, the court said “no, no we will quickly deliver the judgement. May be before the vacation (high court will remain close next week) or immediately after the vacation.”
The bench has kept its decision pending after the parties concluded their arguments on September 22.
Britannia had termed as “erroneous” the order restraining it from using its ‘Nutri Choice Digestive Zero’ biscuits wrapper in the present form on the ground that it was “deceptively similar” to packaging of ITC’s Sunfeast ‘Farmlite Digestive All Good’ biscuits.