Overview

• Chief Justice Nitin Jamdar and Justice Basant Balaji asked the petitioner why he filed the case without checking the back cover or producing the book in court.
• Penguin Random House India submitted a photograph of the back cover carrying a disclaimer that any depiction of smoking is representational and that it does not endorse tobacco use.
• The court asked whether the petitioner would first approach the authority designated under the Cigarettes and Other Tobacco Products Act instead of arguing the case on merits.
• Penguin sought exemplary costs, alleging the petitioner suppressed the disclaimer or failed basic due diligence and suggesting the litigation appears publicity-driven.
• The hearing was adjourned to October 7 with no ruling on the merits, as the petitioner continues to seek a ban, withdrawal of copies, and a declaration of COTPA violation.