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.