Delhi High Court - Orders
Amway India Enterprises Pvt Ltd vs Flipkart Internet Pvt Ltd. & Ors on 11 January, 2022
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~11(Original Side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 531/2018 & I.A. 15175/2021
AMWAY INDIA ENTERPRISES PVT LTD. ..... Plaintiff
Through: Mr. C.D. Mulherkar, Adv.
versus
FLIPKART INTERNET PVT LTD. & ORS. ..... Defendants
Through: Mr. Ankur Sangal and Ms.
Sucheta Roy, Advs. for D1
Mr. Sanjeev Anand, Sr. Adv.
along with Mr. Sandeep
Chandna, Adv. for Defendant
no 3
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (ORAL)
% 11.01.2022 I.A. 15175/2021 (under Section 151 of CPC, 1908)
1. This is an application by Defendant 3, praying for passing of a Decree in favour of the plaintiff and against Defendant 3 in terms of para 49(a) of the plaint. Similar order and decree stands passed in respect of Defendant 2 on 24th September, 2019.
2. Vide order dated 27th November, 2018, Defendant 2 was directed to file an affidavit to the effect that he would not make any online sale of Amway products and also to disclose the stock of the said product with documentary proof showing purchase thereof.
3. Defendant 2 filed the said affidavit and, on learned Counsel for the plaintiff, undertaking not to press any other relief against Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 531/2018 Page 1 of 2 Signing Date:27.01.2022 20:47:12 Defendant 2, the suit was decreed in favour of the plaintiff and against Defendant 2 in terms of Paragraph 49(a) of the plaint and affidavit was filed by Defendant 2.
4. Defendant 3 has filed a similar affidavit, a copy of which is annexed as Document 3 with the present application.
5. Mr. Mulherkar, learned Counsel for the plaintiff, echoes the submission of Mr. Sanjeev Anand, learned Senior Counsel for Defendant 3, that the suit may be decreed in terms of the affidavit filed by Defendant 3 along with this application, as was done in the case of Defendant 2.
6. In view thereof, the suit is decreed in terms of prayer 49(a) of the suit and the affidavit filed by Defendant 3, annexed as Document '3' with this application.
7. The Registry is directed to draw up a Decree Sheet accordingly.
8. This application is disposed of.
CS(OS) 531/2018
9. List in due course.
C.HARI SHANKAR, J JANUARY 11, 2022 SS Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 531/2018 Page 2 of 2 Signing Date:27.01.2022 20:47:12