Delhi High Court
Amway India Enterprises Pvt. Ltd. vs Flipkart Internet Pvt. Ltd And ... on 8 July, 2019
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* IN THE HIGH COURT OF DELHI AT NEW 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)
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)
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:
"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/dk
