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7. List before the Joint Registrar for marking of exhibits on 23rd April, 2019. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

8. List before Court on 5th March, 2019.

I.A. 1733/2019 (u/O XXXIX Rules 1 & 2 CPC)

9. The present suit has been filed by M/s. Modicare Limited (hereinafter, „Plaintiff‟) seeking permanent and mandatory injunction restraining the Defendants from committing illegal and tortious acts, from indulging in unfair competition, disclosure, damages and other appropriate relief. The case of the Plaintiff is that it is a manufacturer and seller of various health and nutrition, skin care, cosmetics, personal care, home care, food, beverage and agricultural products, which are sold through its direct sellers. It is the case of the Plaintiff that various consultants are engaged by the Plaintiff who are given a percentage of the income on the basis of the sales achieved by them. The entire product range of the Plaintiff is sold from door-to-door through a network of consultants, dealers and distributors, directly to consumers. The products of the Plaintiff are not sold through any brick and mortar stores and are regulated by the Direct Selling Guidelines which are issued by the Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution, vide notification dated 26th October, 2016.

(iv) The warranties for the products are being changed, inasmuch as the Plaintiff gives warranties even after consumption upto 25%.

However, the Amazon portal advertises that the product is non- returnable after sale.

(v) The source of the products is also not clear inasmuch as the Plaintiff is unable to specifically vouch for the authenticity of the products.

(vi) The use of the name M/s. Modicare DP Store on the Amazon portal, whose address and details are not clear, also leads the Plaintiff to apprehension that the name Modicare Limited is being misused on the Amazon platform.

(ii) Samples of products sold by defendant nos 2 and 3 shall be supplied to counsels for the Plaintiff, who will file a report on the genuinity of the said products and whether the said products originate from M/s.Modicare.
(iii) Insofar as other the sellers, who may be advertising Modicare products on the Amazon platforms are concerned, a complete list of sellers along with their contact details viz., address, emails, phone numbers etc., shall be furnished by the counsels for Amazon to the counsels for the Plaintiff, who will then seek instructions as to whether any of the said sellers are actual and genuine distributors of the Plaintiff. The lists so exchanged shall be placed on record.
(iv) If the Plaintiff finds that the said parties are not actual distributors, it can notify Amazon and requisite steps shall be taken by Amazon within four weeks, to ascertain the source of the Modicare products with the sellers who are not direct distributors of Modicare. If the said sellers are unable to provide the details of the source of the products, upon intimation being given by the Plaintiff, the listings of Modicare products shall be taken down.

20. Amazon is directed to file a reply to the application under Order XXXIX Rules 1 and 2 CPC within 10 days. Rejoinder before the next date. Both parties are given liberty to approach the Court for any modification of this order. Questions as to the legality and validity of Direct Selling Guidelines and their applicability on e-commerce portals, like Amazon, would be considered after the reply is filed.