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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

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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:

"\005What 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.