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Delhi HC rejects Vimal Elaichi maker’s challenge; court cites territorial limits
Cinema Vines

Delhi HC rejects Vimal Elaichi maker’s challenge; court cites territorial limits

The Delhi High Court has dismissed a petition filed by PB Agro LLP, the manufacturer of the Vimal Elaichi cardamom brand, after the Maharashtra Food and Drug Administration (FDA) issued show‑cause notices to the brand’s celebrity ambassadors – Shah Rukh Khan, Ajay Devgn and Tiger Shroff – over alleged misrepresentation in their advertisements.

Justice Swarana Kanta Sharma ruled that the Delhi High Court lacks territorial jurisdiction over the matter, citing the doctrine of forum conveniens. The judge held that Maharashtra courts would be the more appropriate and convenient forum for the company to raise its grievances concerning the notices issued by the state regulator.

The company had approached the Delhi High Court after the Maharashtra FDA sent notices to the actors, claiming that the Vimal Elaichi commercials constituted surrogate promotion of Vimal Pan Masala, a chewable product that is banned in Maharashtra. The regulator demanded that the actors provide documentation proving that Vimal Elaichi is a distinct product from the banned pan‑masala line and called for the cessation of the promotional campaign and removal of related advertising material from digital platforms.

PB Agro argued that the August 11 notice was addressed only to the actors and not to the company itself, and that it would be directly affected by any regulatory action taken against the ambassadors. The company also claimed it had not been given an opportunity to present its case before the notices were issued, and therefore sought relief from the Delhi High Court.

However, the court rejected the plea on the basis of territorial jurisdiction, directing the company to file its case in Maharashtra courts where the regulatory action was initiated.