CASE NO.: Appeal (civil) 8815-8816 of 2003 PETITIONER: Ramdev Food Products Pvt. Ltd RESPONDENT: Arvindbhai Rambhai Patel & Ors DATE OF JUDGMENT: 07/12/2006 BENCH: S.B. Sinha & Makandey Katju JUDGMENT:
JUDGMENT
O R D E R
I.A. Nos. 25-26
in
CIVIL APPEAL NOS. 8815-8816 OF 2003
These applications have been filed purported to be under Section 152
of the Code of Civil Procedure, 1908 for corrections of certain typographical
errors in the judgment of this Court dated 29.08.2006.
One of the typographical errors which has crept in is in line 3 of
direction (iii) of the findings insofar as in stead and place of the word
“respondents” after the words “belonging to” and before the words “on usual
terms”, the words “Respondent No. 7” should appear. There is no
opposition to the aforementioned prayer.
There is also no opposition in regard to the prayer for deleting the
words “Or M/s. Ramdev Exports Arvindbhai Group” appearing in the
aforesaid direction as the firm does not manufacture any product.
The respondents, however, opposed the prayer of the applicant in
regard to the deletion of the word “manufactured” after the words “This
product” and before the words “and marketed by M/s. Ramdev Masala
(Arvindbhai Group)”.
With a view to appreciate the rival contentions of the parties, which
would be noticed hereinafter, we may set out herein direction (iii) which
reads as under:
“(iii) The appellant shall, as and when demands
are made, supply spices produced by it for retail
sale thereof to seven outlets belonging to
respondents on usual terms, and in respect of such
articles on the labels/pouches, on the reverse
thereof, the following shall be mentioned in the
minimum permissible size in terms of the
provisions of Weights and Measures Act and
Prevention of Food Adulteration Act:
“This product is manufactured and marketed
by M/s. Ramdev Masala (Arvindbhai
Group) (Or M/s. Ramdev Exports
Arvindbhai Group) having no relationship
whatsoever with Ramdev Food Products
Pvt. Ltd.””
Submission of Mr. Ashok H. Desai, learned senior counsel appearing
on behalf of the applicant is that the direction (iii) read in its entirety may be
misunderstood to mean that the respondents have been permitted to
manufacture and market spices in the name and style of M/s. Ramdev
Masala.
Submission of Mr. Ranjit Kumar, learned senior counsel appearing on
behalf of the respondents, is that the said direction is to be read in the
context of the mutual obligations of the parties as noticed by this Court at
page 47 of the judgment as also the observations made by this Court that the
respondents were entitled to sell also their own products from the said
outlets. The said paragraph reads as under:
“What were the mutual obligations of the parties
is a matter which can be considered only at the
trial or in any other appropriate proceeding, but
prima facie it goes without saying that the first
respondent, in any event, was entitled to sell also
his own products from the said outlets. The parties
for the said purpose thought of remaining mutually
dependent as it was stipulated that while also
competing with each other they would see to it that
by action of one, the other is not harmed at least
while exporting the materials. It is, thus, not a
case where the appellant having taken advantage
of the terms of the MOU had resiled therefrom and
in that view of the matter the principle of estoppel
cannot be said to have any application in the
instant case.”
A judgment, as is well-known, must be read in its entirety. The
respondents have been permitted to carry on their business in any other
name insofar as manufacturing of spices is concerned.
Keeping in view the directions issued by this Court vis-`-vis the
questions decided, we are of the opinion, for the sake of clarity, directions
(ii) and (iii) may be substituted by the following:
(ii) They may, however, carry on their business in any other name insofar
as manufacturing of spices is concerned and in respect of such articles on the
labels/pouches on the reverse thereof, the following shall be mentioned in
the minimum permissible size in terms of the provisions of the Standards of
Weights and Measures Act and the Prevention of Food Adulteration Act:
“This product is manufactured and marketed by M/s Ramdev Masala
(Arvindbhai Group) having no relationship whatsoever with Ramdev Food
Products Pvt. Ltd.”
(iii) The appellant shall, as and when demands are made, supply spices
produced by it for retail sale thereof from the seven outlets belonging to
Respondent No. 7 on usual terms.
These applications are disposed of with the aforementioned directions.