Bombay High Court: The petitioner-Victorinox India (P) Ltd., filed a commercial arbitration petition seeking urgent relief against its former dealer Respondent 1-Gute Reise India (P) Ltd. for continuing to display and sell Victorinox branded products as being sold by Gute Reise, through Respondent 2-Amazon Seller Services (P) Ltd., despite an interim arbitral order dated 9-7-2025 restraining such sales. A Single Judge Bench of Somasekhar Sundaresan, J., directed Amazon to immediately take down and delist all listings of Victorinox branded products being offered for sale by Gute Reise India (P) Ltd.
The petitioner highlighted that the said listings would remain active even during the Amazon Prime Day Sale, which was scheduled to open on 12-7-2025. The petitioner, thus, sought immediate delisting of the infringing items and suspension of the seller’s account.
Gute Reise submitted that it had informed Amazon of the arbitral order passed by the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 and had further asked it to refrain from selling any products from Gute Reise’s account, including inventory lying at the fulfilment centres and the inventories already in the possession of Amazon.
The Court noted that while Gute Reise had made efforts to comply with the interim order passed by informing Amazon, the listings continued to appear publicly. Given the urgency of the Prime Day sale and ongoing violation of the Arbitral Tribunal’s order, the Court directed Amazon to immediately take down and delist all Victorinox branded products being offered by Gute Reise.
The Court further clarified that Gute Reise was free to continue selling any products other than Victorinox’s branded products through Amazon, and Amazon should not pose a hindrance to Gute Reise selling other products.
[Victorinox India (P) Ltd. v. Gute Reise India (P) Ltd., 2025 SCC OnLine Bom 2639, decided on 11-7-2025]
Advocates who appeared in this case:
For the Petitioner: Samudra Sarangi a/w Joran Diwan and Riya Kalra i/b. Diwan Law Associates and Law Offices of Panag & Babu, Advocates for Petitioner.
For the Respondents: Kavisha Shah a/w Shweta More i/b India Law Alliance, Advocate for Respondent 1.
Buy Arbitration and Conciliation Act, 1996 HERE
