TO WHOMSOEVER IT MAY CONCERN
BE IT KNOWN TO ALL Hon’ble High Court of Delhi vide order dated 23-12-2016 in case bearing No. CS(COMM) no. 1672/2016 titled as ‘UPL Limited versus HPM Chemicals & fertilizers Ltd)’ has restrained, HPM Chemicals & fertilizers Ltd, its directors, employees, officers, servants, agents and all others acting for and on behalf of our company from selling, distributing, advertising, importing, offering for sale and in any other manner, directly or indirectly, commercializing or dealing with the product (ESCADA Acephate 95% SG) till the disposal of above mentioned case. Further, vide order dated 30-01-2018, the said exparte ad-interim order dated 23-12-2016 has been made absolute vide order dated till the decision of the suit or till the validity of the patent, whichever is earlier.
In compliance of above direction, M/s HPM Chemicals & Fertilizers Limited has stopped selling, distributing, advertising, importing, offering for sale and in any other manner, directly or indirectly, commercializing or dealing with the aforesaid product in any manner.
All possible steps have been taken by the M/s HPM Chemicals & Fertilizers Limited to remove the advertisements, offer for sale from its web site and third party ecommerce platforms and social media. Inadvertently, any banner or board, advertisement, offer, photo which could not have been removed either from any social media, web or from any corner in India despite all diligence, the same should not be construed as offer to sale or commercializing or dealing with the product in any manner.
All the dealers & sub dealers are hereby advised not only to sell or deal with aforesaid product, in any manner, whatsoever. The company is issuing an advisory to all the dealers and sub dealers in case of any stock of the product is lying with you, the same should be returned to the company immediately against refund of the value payable by us irrespective of the fact that purchased directly from the company or indirectly from the market.
Further, all dealers and sub dealers are hereby directed to ensure to remove any advertisement, sign Board, phamlet and all other materials not only from at your end but also from the area within your reach and their command in full compliance of the order of the High Court.
Any breach of aforesaid direction of the court by any dealer or sub dealer shall entail serious consequences for which they themselves will be responsible.
HPM CHEMICALS AND FERTILIZERS LTD.