Recusals hit Delhi High Court Justice Mudgal inherits HUL shares recuses from HLL – Reckitt dispute

Justice Mukul Mudgal [pictured] of the Delhi High Court has recused himself from hearing the Hindustan Unilever – Reckitt Benckiser dispute stating that he has recently inherited shares of Hindustan Unilever. Justice Mudgal has been appointed as the Chief Justice of the Punjab & Haryana High Court..After the spate of recusals in the Supreme Court on account of holding stocks of a party to the litigation, the Delhi High Court’s Justice Mukul Mudgal [pictured] recused himself from hearing the dispute between Hindustan Unilever (HUL) and Reckitt Benckiser (Reckitt). HUL had, in an advertisement for its soap brand, Lifebuoy Skin Guard, depicted Dettol, Reckitt’s flagship brand. Reckitt went to the courts alleging that the commercial disparaged its Dettol brand. The Delhi High Court has restrained HUL from telecasting the advertisement and awarded damages to Reckitt..HUL appealed the order before a bench headed by Justice Mudgal and the matter was being heard before him for almost a year. Justice Mudgal in open court mentioned that he had recently inherited some shares of HUL and therefore, withdrew from hearing the appeal. Ashish Prasad and Dushyant Kumar Mahant from Lall & Sethi appeared on behalf of Reckitt while Aditya Narayan of Parekh & Co appeared on behalf of HUL. Speaking to Bar & Bench, Dushyant said, “Since the Judge had recently acquired the shares through inheritance, Justice Mudgal recused himself from hearing this matter any further. However, the written order only mentioned about the matter being posted to December 11.” Aditya Narayan was not available for comment..When speaking with Dushyant on the issue of conflict of interest, he commented, “I think lawyers are also sometimes conflicted when they hold shares in one company they are arguing against before the Courts, that according to me is the bigger conflict than a Judge of impeccable reputation holding stocks of one of the parties”. We are yet to see any lawyer sacrificing a brief because of a pecuniary interest in the rival company against whom he is representing in the Court. Justice Mudgal has been appointed as the Chief Justice of the Punjab & Haryana High Court.