NEW DELHI / MUMBAI: The Delhi High Court today declined to stay its earlier judgement, which restrained Colgate from airing its tooth powder advertisement on the ground that it is disparaging to 'Dabur Lal Dant Manjan'.

The Colgate appeal, filed on 10 September before the division bench of the Delhi HC, came up for hearing before Justices Vijender Jain and Anil Kumar, where its counsel Rajiv Nayyar requested the court to stay its judgement of 9 September, 2004, agency reports stated today.

As a fallout of this court case, Indian pubcaster Doordarshan had stopped airing Colgate’s ads on its channels. Whether other broadcasters too are doing the same is not known.

Prasar Bharati, on Friday, had decided to stop the telecast of Colgate toothpowder advertisement that makes a reference to 'Lal Dantamanjan' on all its channels. In a circular issued by the directors (commercials), Doordashan has also asked outside producers and agencies to keep the decision in view and not to include the ad in its present form in their programme.

Meanwhile, the high court also directed Dabur to file its reply against the appeal within one week and a rejoinder, if any, by Colgate within one week thereafter. The matter will be listed on 29 September for hearing.

Colgate also cannot air its ad till the hearing.

Dabur had filed a suit in the court seeking injunction against Colgate's new toothpowder TV commercial starring film star Sunil Shetty, which shows that Lal Dant Manjan (a Dabur product) as coarser than white toothpowder and hence more abrasive and damaging on teeth, news agencies report.

Dabur challenged the commercial, through counsel Arun Jaitley, on the ground that it was incorrect, misleading and disparaging to the Lal Dant Manjan category and termed it as a ''dubious'' attempt on part of Colgate to encroach on its increasing market share.