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2005 Supreme(Mad) 605

MARKANDEY KATJU, FAKKIR MOHAMED IBRAHIM KALIFULLA
Formation of Indian Network Marketing Association – Appellant
Versus
Apple FMCG Marketing Pvt. Ltd. & Others – Respondent


Advocates Appeared: For The Appellant :K.M. Vijayan, Senior Counsel for K.P. Narayanan. For The Respondents: R3, S. Manikumar, SCGSC, R4 & 5, V. Raghupathi, Govt. Pleader.

Judgment :-

The Hon’ble Chief Justice:

This Writ Appeal has been filed against the impugned order of the learned single Judge dated 07.01.2005, passed in W.P.No.22674 of 2004.

2. Heard learned counsel for the parties, and perused the record.

3. In our opinion, this appeal is liable to be dismissed on the ground of lack of locus standi. The appellant was not a party in the writ petition. The writ petition was filed by M/s. Apple FMCG Marketing Pvt. Ltd., which is a company registered under the Indian Companies Act. The prayer in the writ petition was for a mandamus restraining respondents from interfering with the business activities of the petitioner – company in selling its products through its distributors by using the network marketing system. The writ petition was dismissed by the learned singe Judge by his order dated 07.01.2005.

4. The writ petitioner has not filed this appeal. Instead, it has been filed by an Association which claims to have been formed to redress the grievances of its members which are companies involved in the marketing of products and services using the medium of Multi Level Marketing, otherwise called Net Work Marketing. The association has alleged that it





















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