SC asks Amazon, others to move Delhi HC, seek hearing in October

Amazon moved SC after HC division bench refused to stay interim injunction against co-selling Amway, others products

The Supreme Court on Wednesday asked Amazon seller services and direct-selling companies such as Amway India and Modicare to approach the Delhi High Court to challenge a single-bench high court order and seek early hearing, preferably before October.

In July, a single-judge Bench of the high court had restrained e-commerce platforms like Amazon, Flipkart and Snapdeal from selling health and beauty products of Amway, Modicare and Oriflame without consent. Observing that the MRP of these products were on the higher side on these platforms, and there was wrong attribution of names and codes of the products, the single judge bench of Justice Pratibha Singh had said, if these e-commerce platforms want to sell the products of these companies, they would have to get explicit consent from the companies.

Justice Singh had then held that the facts "clearly show at prima facie stage, and the apprehension of the plaintiffs that the products are being sourced through unauthorised channels and that the products are tampered, conditions changed and impaired, is completely valid."

Amazon had challenged the single-judge Bench order before the division bench of the high court, and sought an interim stay. While the division bench agreed to hear the case, it refused to stay the interim injunction. The court had then said that the matter would be heard in February 2020.

Aggrieved by the development, Amazon had on Wednesday approached the apex court. In its submissions before the SC, Amazon said that it was merely a platform for selling the products and thus, it would be wrong to restrain it from selling products by certain companies.