JUDGMENT :

Prathiba M. Singh, J.

I.A. 11335/2018 (u/Order XXXIX Rules 1 and 2) in CS(OS) 410/2018

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

I.A.13159/2018 (u/Order XXXIX Rules 1 and 2) in CS(OS) 480/2018

I.A.14402/2018 (u/Order XXXIX Rules 1 and 2) in CS(OS) 531/2018

I.A. 14858/2018 (u/Order XXXIX Rules 1 and 2) in CS(OS) 550/2018

I.A.1733/2019 (u/Order XXXIX Rules 1 and 2) in CS(OS) 75/2019

I.A.2238/2019 (u/Order XXXIX Rules 1 and 2) in CS(OS) 91/2019

A. INTRODUCTION

1. The old adage, which translates to "with great power comes great responsibility", popularised by a famous movie based on a comic book series, in modern day world would be applicable to e-commerce platforms, which have penetrated all forms of trade, commerce and businesses. The contribution of e-commerce in providing accessible global platforms for traders, craftsmen, traditional artists, home designers, housewives etc., along with the credit for creation of large infrastructural facilities such as warehouses, transportation, etc., as also employment for thousands of people, is well acknowledged. However, there are certain safeguards that need to be followed so as to ensure that existing businesses and trades are not adversely impacted by the growth of e-commerce, without requisite checks in place. The present cases highlight the conflict that can arise between one such existing form of business/trade viz., Direct Selling Businesses and e-commerce platforms. The legal complexities in this conflict involve Constitutional issues, intellectual property rights, information technology laws, consumer protection laws, contractual laws, law of torts, and other applicable guidelines.

2. A batch of seven suits raising overlapping issues were heard together. The same have been filed by three Plaintiffs viz., M/s Amway India Enterprises Pvt. Ltd. (hereinafter, 'Amway'), M/s Modicare Ltd. (hereinafter, 'Modicare') and M/s Oriflame India Pvt. Ltd. (hereinafter, 'Oriflame') against various entities who are either running e-commerce platforms or are sellers on the said platforms, in the following manner: