Amway India Enterprises Pvt. Ltd. vs Adinath Enterprises & Ors.
2019 Latest Caselaw 3095 Del

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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) 453/2018
       AMWAY INDIA ENTERPRISES PVT. LTD.                     ......Plaintiff
                        Through:      Mr. Sudhir Chandra, Senior Advocate
                                      with Mr. Sohan Singh Rana, Mrs.
                                      Bindra Rana, Ms. Priya Adlakha, Ms.
                                      Tulip De & Mr. Ashish Sharma, Ms.
                                      Ruhee        Passi,      Advocates.
                                      (M:9818202368)
                        versus

       ADINATH ENTERPRISES & ORS.                   .....Defendants
                    Through: Mr. Siddharth Batra, Ms. Garima
                              Sehgal and Mr. Vishwajeet Arora,
                              Advocates for D-2 & 3.
                              Mr. Prateek Tewari, Advocate for D-8
                              (M-8800576518)
                              Mr.    Dayan     Krishnan,     Senior
                              Advocate, with Mr. Nitin Sharma,
                              Mr. Sanjeev Seshadri & Ms. Disha
                              Sharma,     Advocates      for   D-9.
                              (M:9810621272)
       CORAM:
       JUSTICE PRATHIBA M. SINGH
                    JUDGMENT

Prathiba M. Singh, J.

CS(OS) 453/2018 and I.A. 12419/18 (for stay) and 14613/18 (u/O VII Rule 11 CPC)

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 applications and the application under Order VII Rule 11 CPC filed in this suit have 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 applications, reads as under:

"328. The Plaintiff in the present suit is M/s Amway India Enterprises Pvt. Ltd. The present suit already stands decreed against Defendant No.7 - M/s Xecute India vide order dated 26th November, 2018, and against Defendant No.1 - M/s Adinath Enterprises, and Defendant No.5 - M/s Ravinder & Co., vide order dated 10th January, 2019.

329. The injunction application, being I.A. 12419/2018, qua Defendant No.2 - M/s Beant Healthcare, Defendant No.3 - M/s Beant Buildwell (P.) Ltd., Defendant No.4 - M/s Vivid Solutions, Defendant No.6 - M/s Raman Enterprises, Defendant No.8 - M/s Aarjav International, and Defendant No.9 - M/s Jasper Infotech Pvt. Ltd. (Snapdeal) is disposed of in the following terms:

a) Defendant Nos.2, 3, 4, 6, and 8, 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.snapdeal.com or on the mobile application - Snapdeal, or any other ecommerce platform or online mobile applications, without the consent of the Plaintiff - Amway.

b) Defendant No.9 - M/s Jasper Infotech Pvt. Ltd., which runs the website, www.snapdeal.com and mobile application - Snapdeal, is restrained from displaying, advertising, offering for sale, selling, facilitating repackaging of any of the Plaintiff - Amway's products on its website www.snapdeal.com

and mobile application - Snapdeal, except of those sellers who produce written permission/consent of the Plaintiff for listing of the Amway products on the Snapdeal 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.9, Snapdeal 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 Snapdeal platform or mobile application without its consent, then it shall give notice to Snapdeal for taking down the listings of such sellers, which shall be duly taken down within a period of 36 hours, by Snapdeal.

330. Insofar as I.A. 14613/2018, filed by Defendant Nos.2 and 3 under Order VII Rule 11 CPC is concerned, in light of the facts and circumstances of the case, and the findings given above, the Defendants have failed to make out a case for rejection of the plaint, at this stage. The I.A. is accordingly, dismissed in the above terms.

331. List the suit, being CS(OS) 453/2018 for hearing on 24th September, 2019, along with all connected matters."

3. The I.As. stand disposed of in the above terms.

PRATHIBA M. SINGH JUDGE JULY 08, 2019/dk