Delhi High Court: The Advertising standards Council of India (ASCI) is empowered to hear disputes filed by a member against a former member of the body
In ‘Metro Tyres Limited vs. Advertising standards Council of India & Anr’, Justice Endlaw of the Delhi High Court, observed that the defendant body (ASCI) is empowered to hear and decide complaints filed by a member against a former member of the body. A case was filed before the high court by the plaintiff to seeking restrain orders to be issued against the defendant body restricting it from entertaining and deciding on disputes between the plaintiff and MRF.
The plaintiff’s suit was dismissed by the court on the ground that despite being a non member (Metro Tyres) of the defendant body, the defendant body laid down the rules and regulations governing the advertising profession in the country. Though being anon member Metro Tyres is governed by these rules and regulations, thus empowering the defendant body to hear and decide on such complaints filed before it.
The court observed that “If ASCI makes a recommendation and in pursuance thereto the advertising agency or the television channel refuse to air the advertisement of the plaintiff, they would be entitled to do so,”. The court ruled that organizations like the defendant body (ASCI) that aid in the amicable settlement of disputes for their industry or sector, thus minimizing litigations to a large extent should be promoted and encouraged. Thus the court rejected dismissed the plaintiff’s suit as ‘premature’.
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