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CS (OS) 531/2018
HIGH COURT OF DELHI
HIGH COURT OF DELHI
Reserved on : 30th May, 2019
Date of Decision: 8th July, 2019
CS (OS) 531/2018
AMWAY INDIA ENTERPRISES PVT. LTD. …...Plaintiff
Through: Ms. Priya Kumar, Mr. Shailabh Tiwari, Mr. C.D. Mulherkar, Mr. Tejas Chhabra, Mr. Chanakya Diwedi, Mr. Anand Chichra
Advocates (9811155512)
AMWAY INDIA ENTERPRISES PVT. LTD. …...Plaintiff
Through: Ms. Priya Kumar, Mr. Shailabh Tiwari, Mr. C.D. Mulherkar, Mr. Tejas Chhabra, Mr. Chanakya Diwedi, Mr. Anand Chichra
Advocates (9811155512)
VERSUS
FLIPKART INTERNET PVT. LTD AND ORS. .....Defendants
Through: Mr. Darpan Wadhwa, Senior Advocate with Mr. Ankur Sangal, Ms. Sucheta Roy, Advocates for D-1
(M:9654592881)
Through: Mr. Darpan Wadhwa, Senior Advocate with Mr. Ankur Sangal, Ms. Sucheta Roy, Advocates for D-1
(M:9654592881)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGMENT
Prathiba M. Singh, J. I.A.14402/2018 (u/Order XXXIX Rules 1 and 2) in CS(OS) 531/2018
1. A batch of seven suits viz. CS (OS) 410/2018, CS(OS) 453/2018, CS (OS) 480/2018, CS(OS) 531/2018, CS(OS) 550/2018, CS(OS) 75/2019 and CS(OS) 91/2019 having overlapping issues were heard by this Court from time to time. The interim application filed in this suit has been disposed of vide a detailed common judgment dated 8th July, 2019, in CS(OS) 410/2018. For detailed judgment, refer to CS(OS) 410/2018.
2. However, the operative portion of judgment dated 8th July, 2019, in respect of the present application, reads as under: 2019:DHC:3242
“333. The Plaintiff in the present suit is M/s Amway
India Enterprises Pvt. Ltd. The injunction application,
qua Defendant No.1 – M/s Flipkart Internet Pvt. Ltd.,
Defendant No.2 – M/s Sehgal International, and
Defendant No.3 – M/s Apex Beauty Store, is disposed
of in the following terms:
a) Defendant Nos.2 & 3, i.e., the sellers are restrained by an interim order of injunction from advertising, displaying, offering for sale products of the Plaintiff, namely Amway products, on the e-commerce platform www.flipkart.com or on the mobile application - Flipkart Online Shopping, or any other ecommerce platform or online mobile applications, without the consent of the Plaintiff - Amway.
b) Defendant No.1 – M/s Flipkart Internet Pvt. Ltd., is restrained from displaying, advertising, offering for sale, selling, facilitating repackaging of any of the Plaintiff - Amway’s products on its website www.flipkart.com and mobile application Flipkart Online Shopping, except of those sellers who produce written permission/consent of the Plaintiff for listing of the Amway products on the Flipkart platform/mobile application.
c) In case of the sellers, if any, who produce consent given by the Plaintiff-Amway, allowing sale of its products through e-commerce platforms, Defendant No.1 - Flipkart shall, clearly, provide the name, address and contact details of the said sellers, including the telephone numbers, email address, etc., in a prominent manner, along with the product description.
d) If the Plaintiff finds during the pendency of the suit that any of the sellers have displayed its products on the Flipkart platform or mobile application without its consent, then it shall give notice to Flipkart for taking down the listings of such sellers, which shall be duly taken down
within a period of 36 hours, by Flipkart.”
3. The I.A. stands disposed of in the above terms.
PRATHIBA M. SINGH JUDGE JULY 08, 2019