SC Upholds Delhi HC's Quashing of Anchor's Forgery Case Against Colgate

SC Upholds Delhi HC's Quashing of Anchor's Forgery Case Against Colgate

The Supreme Court on Monday declined to intervene in a Delhi High Court decision that dismissed a forgery case filed by toothpaste manufacturer Anchor against its competitor Colgate.

A bench comprising Justices Pankaj Mithal and R. Mahadevan rejected the appeal filed by Anchor in connection with the case.

"We do not find any reason to interfere with the orders impugned in these petitions. The present petitions are, accordingly, dismissed," it said.

Case Brief:
 
Colgate and Anchor have been embroiled in legal battles over the use of a red-and-white color trademark for their toothpaste. Anchor accused Colgate of forging
trademark registration documents after failing to secure an interim injunction order.
 
Based on these allegations, Anchor filed a complaint in a trial court, asserting that Colgate and its office bearers committed offences under Sections 191, 193, 196, 199, 200, and 209 of the Indian Penal Code (IPC), which pertain to document forgery and making false claims in court.

A magistrate court initially issued summons to Colgate and its office bearers, observing prima facie evidence of forgery in the trademark registration and related certificates.

However, the Delhi High Court subsequently quashed both the complaint and the magistrate's summoning order dated April 2, 2012, citing the absence of any substantive evidence implicating Colgate in wrongdoing.

Anchor challenged this decision before the Supreme Court, but its appeal was dismissed on Monday, upholding the High Court's ruling.

Senior Advocates Mukul Rohatgi, Arvind Verma and Sidharth Luthra with Advocates Saif Khan, Achutan Sreekumar, Rishi Agrawala, Niyati Kohli, Pratham Vir Agarwal, and Smridhi Sharma appeared for Colgate and its office bearers.

Senior Advocate Maninder Singh with Advocates Anurag Ahluwalia, Mayur Gala, Jasdeep Singh Dhillon, Anirudh Jamwal and Yutangar Singh Chauhan, briefed by a team from MPS Legal, appeared for Anchor.

Case Title: Anchor Health and Beauty Care Pvt Ltd vs Colgate Palmolive and ors etc
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