DSK Legal Wins Favorable Verdict for Flipkart

DSK Legal Wins Favorable Verdict for Flipkart

DSK Legal advised, assisted, and represented M/s Flipkart Internet Private Limited (Flipkart), and its directors Mr. Jonathan Collins and Mr. Vivek Subramanian in a criminal complaint filed by the Food Safety Officer under the Food Safety and Standards Act, 2006.

In the present case the State had filed a Complaint before the Magistrate Court at Sewree, Mumbai against the Company and its directors and others for the contravention of a Notification issued by Government of Maharashtra, Food and Drugs Administration, which prohibits manufacture, storage, distribution, or sale of tobacco and supari (betel nut) flavored, scented, or mixed with any of the said additives. Pursuant to the same the Magistrate issued process against the company and its directors.

DSK advised Flipkart to challenge the order and filed a criminal writ petition, on various grounds including non-compliance of Section 202 of the Code of Criminal Procedure, 1973 as the Company and directors are beyond the jurisdiction of the Magistrate.

DSK raised a ground that that Company is only an intermediary (defined under Section 2(w) of the Information Technology Act, 2000) and thus, cannot be held liable for any action or inaction on part of a vendor/seller making use of the facilities provided by the intermediary in terms of a website or a marketplace.

DSK Legal was the first one to file the Petition among the similarly placed accused and was successful in obtaining a favorable order from the High Court which quashed and set aside the order issuing process with an observation that the order passed by Magistrate cannot be sustained against the company and its directors.

The DSK Legal team comprised of Mr. Vikrant Singh Negi (Partner), Mr. Pratik Thakkar (Principal Associate) and Ms. Sneha Barange (Associate).

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