· Web viewPETITIONER-IN-PERSON . AMIT SHUKLA . D-54, SECTOR 48, NOIDA . ALSO AT: 81, UGF, WTC, BARAKHAMBA LANE . NEW DELHI – 110 001 . MOBILE NO.: +91 9999933220 +91

1

BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI [CIVIL ORIGINAL JURISDICTION] WRIT PETITION (CIVIL) NO.

OF 2020 [UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA]

PUBLIC INTEREST LITIGATION IN THE MATTER OF PUBLIC INTEREST LITIGATION: AMIT SHUKLA ……. PETITIONER-IN-PERSON

VERSUS UNION OF INDIA & ORS ……. RESPONDENTS

I N D E X

S.NO. PARTICULARS

PAGE NOS.

Index 1-2

1 Urgent Application

3-4

2. Notice of Motion

5

3. Memo of Parties

6-7

4. Synopsis

8-9

5. Public Interest Litigation on behalf of the

Petitioner under Article 226 of the

Constitution of India seeking issuance of

directions to the Respondent No. 1 and 2

to ensure the display of name of

manufacturing country on the products

offered for sale at ecommerce websites

and the compliance of legal metrology

act, 2009.

10- 24

6. ANNEXURE P/1 (Colly): A sample chart showing the link of the

website, product and Manufacturing

details.

25-35

2

7. ANNEXURE P/2: A true copy of the PIB release dated

23.06.2020 by the Ministry of Commerce

and Industry.

36-37

8. Identity card of the Petitioner

38

9. Email received from the Registry of the Hon'ble High Court allowing the Urgent Mentioning.

39

10. Affidavit of Service / Annexure of Service 40-42

PETITIONER-IN-PERSON AMIT SHUKLA

D-54, SECTOR 48, NOIDA ALSO AT:

81, UGF, WTC, BARAKHAMBA LANE NEW DELHI – 110 001

MOBILE NO.: +91 9999933220 +91 9999333220

EMAIL: [email protected] DATED: 26.06.2020 PLACE: NEW DELHI

ITEM NO. (to be filled up by CM only)

BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

[CIVIL ORIGINAL JURISDICTION] WRIT PETITION (CIVIL) NO. OF 2020 [UNDER ARTICLE 226 OF THE CONSTITUTION OF

INDIA] PUBLIC INTEREST LITIGATION IN THE MATTER OF PUBLIC INTEREST LITIGATION: AMIT SHUKLA, ADV ……. PETITIONER-IN-PERSON


3

URGENT APPLICATION

To The Registrar High Court of Delhi New Delhi – 110 001 Economy of a country defines the strength of Nation. In this era of

ECommerce when a huge part of the consumer goods, apparels,

décor, cookware, kids’ stuff, sports goods etc is sold online, it

becomes essential that the Manufacturing country / country of

origin of each good / commodity is conspicuously displayed /

published on the ECommerce Website / Application. In the year

2017 Legal Metrology (Packaged Commodities) Rules, 2011 were

amended and a mandate was inserted to publish the country of

origin / Manufacture in the ECommerce Website, however, the

same was never enforced for the E-Commerce Companies.

Today, when a large number of Indian Citizens intend to comply the

government’s appeal for promote and buy Indian goods in order to

strengthen the Nation, it becomes essential that the E-Commerce

Websites conspicuously display the country of Manufacturing /

origin for all products sold through E-Commerce platform.

In such circumstances, the in order to boost the current economy of

the nation (in view of tensions at border and Covid 19 economy

fall) and in order to adhere to the intent of government and Legal

Metrology Act, 2009, urgent directions are necessitated.

SIGNATURE

Name of the Counsel: In-PersonEnrolment No. D/384/05

Address: D-54, Sector 48, Noida Also At: 81, WTC, Barakhamba Lane

4

New Delhi – 110001 Mobile No. 9999933220; 9999333220

Place: New Delhi Date: 26.06.2020

5


OF 2020 [UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA] PUBLIC INTEREST LITIGATION

IN THE MATTER OF PUBLIC INTEREST LITIGATION: AMIT SHUKLA ……. PETITIONER-IN-PERSON


NOTICE OF MOTION

To The Registrar High Court of Delhi New Delhi – 110 001

Take notice that the accompanying petition will be listed before the Court on 30.06.2020 at 10.30 a.m. in the forenoon or so soon thereafter as may be convenient for the Hon'ble Court.

SIGNATURE

Name of the Counsel: In-PersonEnrolment No. D/384/05

Address: D-54, Sector 48, Noida Also At: 81, WTC, Barakhamba Lane

New Delhi – 110001 Mobile No. 9999933220; 9999333220

Place: New Delhi Date: 26.06.2020

BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

6

[CIVIL ORIGINAL JURISDICTION] WRIT PETITION (CIVIL) NO. OF 2020

[UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA] PUBLIC INTEREST LITIGATION



MEMO OF PARTIES

1. UNION OF INDIA Through Cabinet Secretary …… RESPONSENT NO. 1 2. MINISTRY OF CONSUMER AFFAIRS Through Secretary Krishi Bhawan

New Delhi – 110 001 …… RESPONDENT NO. 2 3. AMAZON INDIA PVT LTD World Trade Centre

Brigade Gateway Campus Dr Rajkumar Road Malleshwaram West Bengaluru, Karnataka …… RESPONDENT NO. 3

4. FLIPKART INTERNET PVT. LTD. Flipkart Internet Private

Limited Buildings Alyssa, Begonia & Clove Embassy Tech Village Outer Ring Road Devarabeesanahalli Village Bengaluru 560103 Karnataka …… RESPONDENT NO. 4

5. NYKAA E-RETAIL PVT LTD 104 Vasan Udyog Bhavan

Sun Mills Compound Lower Parel Mumbai, Maharashtra , 400013 …… RESPONDENT NO. 5

6. DECATHLON SPORTS INDIA PVT. LTD. Survey No 78/10, A2 Chikkajala Village Bellary Road

7

Bangalore Karnataka …… RESPONDENT NO. 6

7. SNAPDEAL.COM Jasper Infotech Pvt. Ltd. 246,

Ist Floor, Phase-III Okhla Industrial Area New Delhi-110020 …… RESPONDENT NO. 7

8. AJIOlife.COM Reliance Retail Ltd, 1st Floor

No. 74, Prestige Feroze Building Cunningham Road Bangalore - 560052 …… RESPONDENT NO. 8

9. LIFESTYLE INTERNATIONAL PVT. LTD. 77° Town Centre, Building No 3,

West Wing, Off, HAL Old Airport Rd Bengaluru, Karnataka 560037 …… RESPONDENT NO. 9

DATED: 26.06.2020




MOBILE NO.: +91 9999933220 +91 9999333220

EMAIL: [email protected]

PLACE: NEW DELHI SYNOPSIS

Economy of a country defines the strength of Nation. In this era of

ECommerce when a huge part of the consumer goods, apparels,

décor, cookware, kids stuff, sports etc is sold through e-market, it

becomes essential that the Manufacturing country / country of

8

origin of each good / commodity is conspicuously displayed /

published in the ECommerce Website / Application.

In the year 2017 Legal Metrology (Packaged Commodities) Rules,

2011 were amended and a mandate was inserted to publish the

country of origin / Manufacture in the E-Commerce Website,

however, the same was never enforced for the E-Commerce

Companies.

Today, when a large number of Indian Citizens intend to comply the

government’s appeal to promote and buy Indian goods in order to

strengthen the Nation, it becomes essential that the E-Commerce

Websites conspicuously display the country of Manufacturing /

origin for all products sold through E-Commerce platform.

In the recent development, the Ministry of Commerce and Industry,

Government of India has on 23.06.2020 notified that:

Government e-Marketplace (GeM), a Special Purpose Vehicle

under the Ministry of Commerce and Industry, has made it

mandatory for sellers to enter the Country of Origin while registering

all new products on GeM.

In such circumstances, the in order to boost the current economy of

the nation (in view of tensions at border and Covid 19 economy

fall) and in order to adhere to the intent of government and Legal

Metrology Act, 2009, urgent directions are necessitated by means of

the present Petition.

9

10




VERSUS UNION OF INDIA & ORS ……. RESPONDENTS PUBLIC INTEREST LITIGATION ON BEHALF OF THE PETITIONER UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SEEKING ISSUANCE OF DIRECTIONS TO THE RESPONDENT NO. 1 AND 2 TO ENSURE THE DISPLAY OF NAME OF MANUFACTURING COUNTRY ON THE PRODUCTS OFFERED FOR SALE AT ECOMMERCE WEBSITES AND THE COMPLIANCE OF LEGAL METROLOGY ACT, 2009 TO, THE HON’BLE CHIEF JUSTICE OF DELHI HIGH COURT, AT NEW DELHI, AND HIS LORDSHIP’S COMPANION JUSTICES

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH: 1. That the Petitioner is filing the present writ petition in public

interest and petitioner has no personal interest in the present

litigation and the petition is not guided by self gain or for any

other person/institution/body and there is no motive other

than of public interest and the interest of the Nation in filing

of present Writ Petition. The instant Public Interest Litigation

11

(PIL) by way of Writ Petition has been preferred under

Article 226 of the Constitution of India, seeking issuance of

directions to the Respondent no. 1 and 2 to ensure the

display of name of the manufacturing country on the

products offered for sale at ecommerce websites and the

Compliance of Legal Metrology

Act, 2009.

2. That the E-Commerce and E-Commerce Entity is defined in

Legal Metrology (Packaged Commodities) Rules, 2011. The

ECommerce Web Sites / Applications are in public domain

and are accessed by public at large for the purposes of buying

and selling of consumer goods and other goods online. The

Petitioner is also a regular buyer from such online

ecommerce websites and have also made due research and

ensured that the requirements mandated under Legal

Metrology (Packaged Commodities) Rules, 2011 are not

complied and the Union of India is suffering huge economic

losses on account of non-mention of details of Manufacturing

country / origin Country of the goods and products sold

through E-Commerce Platforms.

3. That economy of the entire nation would suffer in the event

the E-Commerce websites continue not to mention the

Manufacturing country / Country of Origin of products in the

E-commerce Websites. The large number of public is effected

12

and being lack of sources / knowledge are not in position to

approach the Hon’ble Court hence the petitioner is filing the

present Public Interest Litigation on behalf of such affected

persons seeking direction from the Court for their welfare.

4. That the Respondent No. 3 to 9 are the E-Commerce Entity

amongst other E-Commerce entities [which are defined in

Legal Metrology (Packaged Commodities) Rules, 2011] shall

be effected by the orders sought in this Writ Petition.

5. That the Petitioner herein is a law abiding and public-spirited

citizen and is always willing and motivated to act for the good

of the public at large and for the Nation. The Petitioner is a

practicing Advocate and is registered with Bar Council of

Delhi having Enrolment No. D/384 of 2005 and is also the

member of the Delhi High Court Bar Association and

Supreme Court Bar Association. The Petitioner has the means

to pay the cost, if any, imposed by the court and undertake to

pay the cost.

6. That the present Public Interest Litigation has been preferred

in urgency keeping in view the policies of the Respondent No.

1 and 2, interest of nation and the mandates under Legal

Metrology Act, 2009. The representations and other

recourses would delay the urgent cause; hence no

representation has been made.

13

7. That the Respondent No. 1 is the Government of India having

powers to promulgate and implement laws under List I of the

Schedule VII of the Constitution of India. The present subject

matter falls under Entry 50 of List I. the Respondent No. 2 is

the concerned Ministry of the Government of India which

directly regulates and administer the affairs pertaining to

Consumer and Consumer Goods.

8. That the Respondent No. 3 to 9 are the E-Commerce

companies / websites which are involved in the business of

online selling of all kind of goods including electronics,

electrical, clothing / merchandise, furniture, toys and Sports

and Home / Living in India. The definition of E-Commerce

was introduced in the amendment vide Notification dated

23.06.2017 in the Legal Metrology (Packaged Commodities)

Rules, 2011 amongst other amendments. The relevant

definitions are reproduced herein below for ready reference:

Rule 2(aa) “Consumer” shall have the same meaning as

assigned to it in clause (d) of sub-section (1) of section 2 of the

Consumer Protection Act, 1986 (68 of 1986)

Rule 2(bd): “E-commerce” means buying and selling of goods

and services including digital products over digital and

electronic network.

Rule (be) “E-commerce entity” means a company

14

incorporated under the Companies Act, 1956 or the companies

Act, 2013 or a foreign company covered under clause (42) of

section 2 of the Companies Act, 2013, or an office, branch or

agency in India covered under sub-clause (ii) of clause (v) of

section 2 of the foreign Exchange Management Act, 1999 (42 of

1999) owned or controlled by a person resident outside India

and conducting e-commerce business;

(bf) “marketplace based model of e-commerce” means providing

of an information technology platform by an ecommerce entity

on a digital and electronic network to act as a facilitator

between buyer and seller;

9. That the Legal Metrology Act, 2009 (hereinafter referred to as

‘Act’) has come into force on 13.01.2010 to establish and

enforce standards of weights and measures, regulate trade

and commerce in weights, measures and other goods which

are sold or distributed by weight, measure or number and for

matters connected therewith or incidental thereto. The Legal

Metrology (Packaged Commodities) Rules, 2011 was

amended by the Ministry of Consumer Affairs, Food and

Public Distribution vide Notification dated 23.06.2017. The

following definition / amendments were introduced in the

Rules:

Rule 6 (aa) “The name of the country of origin or manufacture

or assembly in case of imported products shall be mentioned on

the package;”

15

Rule (10) “An E-Commerce entity shall ensure that the

mandatory declarations as specified in sub-rule (1), except the

month and year in which the commodity is manufactured or

packed, shall be displayed on the digital and electronic

network used for e-commerce transactions:

Provided that in case of market place model of e-commerce,

responsibility of the correctness of declarations shall lie with

the manufacturer or seller or dealer or importer if,-

(a) the function of the e-commerce entity

is limited to providing access to a

communication system over which

information made available by the

manufacturer or seller or dealer or importer

is transmitted or temporarily stored or

hosted; or

(b) the entity does not- (i) initiate the

transmission;

(ii) select the receiver of the transmission; and

(iii) select or modify the information contained in the

transmission;

(c) the entity observes due diligence while discharging its duty

as an intermediary under the Information Technology Act,

2000 and also observes such other guidelines as the Central

Government may prescribe in this behalf

Sub Rule 1 of Rule 6 is reproduced herein below:

Rule 6. Declarations to be made on every package:

(1) (a) the name and address of the manufacturer, or where the manufacturer is not the packer, the name and address of

16

the manufacturer and packer and for any imported package the name and address of the importer shall be mentioned on every package.

Explanation I.- If any name and address of a company is

mentioned on the label without any qualifying words

'manufactured by' or 'packed by', it shall be presumed that

such name and address shall be that of the manufacturer and

the liability shall be determined accordingly;

10. That view of Rule 6 and 10 of the Legal Metrology (Packaged

Commodities) Rules, 2011, it is now mandatory for the

ECommerce Entities to conspicuously mention the Country

where the product / goods are manufactured (Country of

Origin).

11. That the Petitioner has made a detailed research of several

ECommerce entities / websites including the Respondents

and found that most of the E-Commerce sites / applications

do not conspicuously mention the Country of Origin /

Manufacture of products offered for sale. It is observed that

those ECommerce websites which are mentioning the

Country of Manufacturing are displaying it in discrete, not

easily searchable by the consumers at large. It is further seen

that many declarations on Manufacturing are wrong and

misfed into the online system giving no clarity to the

Consumers.

A sample chart showing the link of the website, product and

17

Manufacturing details is annexed herewith and marked as

Annexure P/1 (Colly).

12. That the present Public Interest Petition is of utmost

importance and in sync with the objective of the government

of India. The recent addresses to the nation and objective are

summarized as below:

The Made in India mission of the Government and the

address to the Nation:

Amidst multiple challenges, it gives me joy to see extensive

deliberation in the country on Aatmnirbhar Bharat, a

selfreliant India. People now have begun to take it as a

movement of their own. Our countrymen are picking up the

reins of leadership of this mission in their own hands. Many

people have mentioned the fact that they have made

complete lists of the products being manufactured in their

vicinity. These people are now buying only these local

products, promoting “Vocal for Local.

• The Prime Minister’s call of ‘vocal for local’ is a pleasant

departure from the existing policy based on globalisation

and liberalisation, especially foreign capital dependent

model of development.

• The Prime Minister’s address to the nation on 12th May:

The way ahead lies in LOCAL.

18

Local Manufacturing.

Local Markets.

Local Supply Chain.

Local is not merely a need but a responsibility.

Be vocal about local.

• Address on 13.05.2020: Self-reliant India Mission: The Home Ministry confirmed that the Central Armed

Police Force (CAPFs) canteens will sell only indigenous

products from June 1. According to PTI, the CAPFs —

CRPF, BSF, CISF, ITBP, SSB, NSG and Assam Rifles -

canteens together sell products worth about Rs 2,800

crore

annually.

• The Home Minister also referred to PM Modi’s appeal to

make the country self-reliant and use products made in

India, saying, “If every Indian pledges to use products

made in India (Swadeshi), the country can become self-

sufficient in five years.”

13. That the Ministry of Commerce and Industry, Government of

India has on 23.06.2020 notified that:

Government e-Marketplace (GeM), a Special Purpose Vehicle

under the Ministry of Commerce and Industry, has made it

19

mandatory for sellers to enter the Country of Origin while

registering all new products on GeM. (Source:

https://pib.gov.in/PressReleseDetail.aspx?PRID=1633511).

A true copy of the PIB release DATED 23.06.2020 by the

Ministry of Commerce and Industry is annexed

herewith and marked as Annexure P/2.

14. That in the circumstances it is also essential that the type of

products searched by the consumers in the E-Commerce

Sites,

the site / application should first display the products made

in India followed by products made in other countries.

15. GROUNDS:

A Because the E-Commerce Entities are violating the

mandate of the law and the Legal Metrology Act, 2009

and rules framed thereunder.

B Because the impact of non-mention of the Country of

origin / Manufacturing Country on the products is fatal

to the Indian Economy.

C Because the goal of Make in India was to encourage

both multinational and domestic companies to

manufacture their products within the country. This

initiative is an honest attempt to revive the

20

Manufacturing sector and the compliance of the motive

of the government to upscale the economy can be

achieved if the prayer is granted by this Hon'ble Court.

D Because the rights of the Consumers shall be gravely

prejudiced in the event the E-Commerce entities are

not directed to conspicuously display the Country of

Origin in the products offered for sale in E-Commerce

platform.

E Because the revival of Industry sector is the key to

revival of Indian economy. It aims at increasing the

contribution of Industry / Manufacturing sector in

Indian GDP from the current 16% to 25% by the year

2025.

F Because the prayer if awarded will boost the foreign

investments in the economy and the Make in India will

help the country become self-reliant in terms of

manufacturing of products.

G Because the prayer if awarded will create employment

opportunities for the youth of the country, alleviate

poverty, attract investments, create value for Indian

goods and fix the rising trade deficit.

H Because the citizens of the country particularly in view

of the tensions in the border and aggression of the

neighbour intend not to buy any products originating

21

from the neighbour (Republic of China). It is submitted

that the heavy export is the backbone of the Republic of

China and in the event, India is self-reliant, the same

would strengthen the defence services in-turn boosting

the strength of the nation.

16. That the Petitioner has no other alternative, efficacious

remedy available except to file the present Petition.

17. That no such or similar Petition has been filed by the

Petitioner nor are any such proceedings pending before any

other court.

18. That in the facts of the present case and the relief sought, this

Hon’ble Court has both territorial and subject matter

jurisdiction to adjudicate the present Petition.

19. That the present petition is being filed bona fide and in the

interest of justice. In view of the facts and circumstances

stated above, it is evident that the present petition merits

indulgence of this Hon’ble Court under its inherent powers.

The present Petition is bonafide and is being filed for the

protection of the fundamental / Constitutional / Statutory

Rights and in the interest of the public at large.

PRAYER

In view of the above facts and circumstances, and on the

grounds stated hereinabove, the Petitioners respectfully pray

that this Hon’ble Court may kindly be pleased to:

22

(a) Pass an appropriate Writ, order or direction, in the

nature of Mandamus, inter-alia, directing the

Respondent No. 1 and 2 to issue directions to ensure

the display of name of the manufacturing country on

the products offered for sale at ecommerce websites

and the Compliance of Legal Metrology Act, 2009.

(b) Pass / issue an appropriate writ/ direction /order

including a writ in nature of mandamus thereby directing

the Respondent No. 1 and 2 to ensure that the E-Commerce

Entities publish / display the Made in India option separately and conspicuously in the type of goods searched

(refine search).

Alternatively,

Pass/issue an appropriate writ/direction /order

including a writ in nature of mandamus thereby directing

the

Respondent No. 1 and 2 to ensure that the E-Commerce

Entities first display the products manufactured in India

followed by other products manufactured by other

Countries for the product searched by the consumer.

(b) Pass any other appropriate Writ, order or direction, which

may be necessary and proper in the opinion of this

Hon’ble Court, in the interest of justice and in the

interest of the public at large.

23




MOBILE NO.: +91 9999933220 +91 9999333220

EMAIL: [email protected] DATED: 26.06.2020 PLACE: NEW DELHI





AFFIDAVIT

I, Amit Shukla, S/o Sh. Vijay Kumar Shukla, aged about 40 years,

having office at D-54, Sector 48, Noida – 201 303, presently at New

Delhi, do hereby solemnly affirm and state as under:

1. That I am the petitioner in the present case and well

conversant with the facts and circumstances of the case and I

competent to swear this affidavit.

2. I have filed the present petition as a Public Interest Litigation.

24

3. I have gone through the Delhi High Court (public Interest

Litigation) Rules, 2010 and do hereby affirm that the present

Public Interest Litigation is in conformity thereof.

4. That I have no personal interest in the litigation and neither

myself nor anybody in whom I am is interested would in any

manner benefit from the relief sought in the present litigation

save as a member of the General Public. This petition is not

guided by self gain or gain of any person, institution, body

and

there is no motive other than of public interest in filing this

petition.

5. That I have done whatsoever inquiry which was in my power

to do, to collect all data/material which was available and

which was relevant for this court to entertain the present

petition. I further confirm that I have not concealed in. the

present petition any data/material /information which may

have enabled this court to form an opinion whether to

entertain this petition or not and/or whether to grant any

relief or not.

7. That the annexures filed alongwith the petition are true copies of

their originals.

25

DEPONENT

VERIFICATION:

Verified at New Delhi on this the 26th day of June 2020 that

the contents of the above affidavit are true and correct to the best of

my knowledge no part of it is false and nothing material has been

concealed therefrom.

DEPONENT

ANNEXURE P/1 (Colly)

FLIPCART

S.N o

PRODUCT LINK PRODUCT MANUFACTURE

1 https://www.flipkart.com/sam sung-galaxy-watch-46-mmsmartwatch/p/itmf6a298ae5e a53?pid=SMWF9Z8FMGNR FTZX&lid=LSTSMWF9Z8FM GNRFTZX98NYH1&marketpl ace=FLIPKART&srno=s_1_2&otracker=search&otracker1=search&fm=SEARCH&iid=551d6a35-a0b5-4f30-832973e2eda78058.SMWF9Z8F MGNRFTZX.SEARCH&ppt= sp&ppn=sp&ssid=2mww2hab0w0000001592761267320&qH=3303d0b33029cf8d

Samsung GalaxySmart Watch 46MM

Manufacturer's Not Provided.

Detail

26

2 https://www.flipkart.com/pige on-radiance-2-1-desk-torchemergency-lamp-orangelight/p/itm8cfcadc845735?pid=EMLEQ4RYDKGD5FQF&li d=LSTEMLEQ4RYDKGD5F QFU2OI3R&marketplace=FL IPKART&srno=s_1_8&otrac ker=search&otracker1=searc h&fm=SEARCH&iid=d43f7cf b-b79d-4842-93af-09fdf0282594.EMLEQ4RYDKGD5FQF.SEARCH&ppt=sp &ppn=sp&qH=278e59671a1 a559c

Pigeon Radiance 2 in 1 desk and torch emergency lamp(Orange) Torch EmergencyLight (Red)

Manuacturer's Not Provided.

Detail

3 https://www.flipkart.com/moo nstruck-flood-light-outdoorlamp/p/itmda59057996e09?p id=OTLFPYWSHZRSVMBJ &lid=LSTOTLFPYWSHZRSVMBJ15PA44&marketplace= FLIPKART&srno=s_1_2&otr acker=search&otracker1=sea rch&fm=SEARCH&iid=29e4 b8ea-a318-4a44-88e1-7a446249a21b.OTLFPYWS HZRSVMBJ.SEARCH&ppt= sp&ppn=sp&ssid=hzvkd0o14 w0000001592763139548&qH=4427d025ab6eeeed

MOONSTRUCK Flood LightOutdoor Lamp

Manuacturer's Detail Not Provided.

4 https://www.flipkart.com/appl e-iphone-11-black-64gb/p/itm0f37c2240b217?pid= MOBFKCTSVZAXUHGR&lid =LSTMOBFKCTSVZAXUHGREPBFGI&marketplace=FL IPKART&srno=s_1_6&otrac ker=search&otracker1=searc h&fm=SEARCH&iid=440066 d2-9a3e-409b-a9ec-063b51a91572.MOBFKCTS VZAXUHGR.SEARCH&ppt= sp&ppn=sp&qH=0b3f45b266 a97d70

Apple iPhone 11(Black, 64 GB)

Country of Origin:India, China (Originated from one of

these countries)

Manufactured by one of the following:Apple India Pvt Ltd, 19th Floor, Concorde Tower C, UB City,No. 24 Vittal MallyaRoad,Bangalore 560001,Karnataka,Indi aApple Inc., One Apple Park Way, Cupertino, California 95014, USAApple Inc., 1 Infinite Loop, Cupertino,California 95014, USA

27

Imported by:Apple India Pvt Ltd, 19th Floor, Concorde Tower C, UB City,No. 24 Vittal Mallya

5 https://www.flipkart.com/adid as-glenn-m-running-shoesmen/p/itma113ddcc8f975?pi d=SHOFJK4FGAJEU9HB&li d=LSTSHOFJK4FGAJEU9H BRKPQWE&marketplace=FL IPKART&srno=s_1_4&otrac ker=search&otracker1=searc h&fm=SEARCH&iid=c83fe3 b6-6387-41a6-a67a-3ca3ea467653.SHOFJK4FGAJEU9HB.SEARCH&ppt=sp&ppn=sp&ssid=em1iy7b1sw0000001592764184619&qH=28a34010e84b881f

ADIDAS Glenn M RunningShoes For Men

CountryRoad Bangalore

of Origin:IndiaManufactured by: LAKHANI FOOTWEAR PVT.LTD. PLAN PLOT NO.11,SECTOR-11 IIE,SIDCUL,HARIDWARImported by:adidas India Marketing Pvt Ltd Office No 6, 2nd Floor, Sector B Pocket No 7, Plot No11, Vasant Kunj, NewDelhi 110070

6 https://www.flipkart.com/

philip s-bt40-portable-bluetoothspeaker/p/itm96dabc0ad358 0?pid=ACCEXGKFR79ZCVU7&lid=LSTACCEXGKFR79 ZCVU747VBTE&marketplac e=FLIPKART&spotlightTagId =BestvalueId_0pm%2F0o7& srno=s_1_4&otracker=searc h&otracker1=search&fm=SEARCH&iid=9bfc145a-6b44-41eb-918f-f1b2d962c797.ACCEXGKFR 79ZCVU7.SEARCH&ppt=sp &ppn=sp&qH=f448763397d1 fff4

Philips BT40Portable BluetoothSpeaker

Country of Origin:China

Manufactured by: TPV technology India Pvt. Ltd. 501-508, Bestech

Chambers,Block-B, Sushant Lok-1Sector 27, Gurgaon122002 (Haryana)

28

7 https://www.flipkart.com/pana sonic-sc-ht21gw-k-stylish-65w-bluetooth-hometheatre/p/itmbd39a05e7769b?pid=ACCEGTNBZSNEDZMP&lid=LSTACCEGTNBZS NEDZMPIECL8M&marketpla ce=FLIPKART&srno=s_2_48&otracker=search&otracker1=search&fm=SEARCH&iid= 6f05c057-c44a-4ae0-849bd02a9dafb5d0.ACCEGTNBZ SNEDZMP.SEARCH&ppt=sp&ppn=sp&qH=f448763397d1fff4

Panasonic SC-HT21GW-K Stylish 65 W BluetoothHome Theatre


Detail

8 https://www.lifestylestores.co m/in/en/Beauty/Make-UpEyes/Eye-Liner/LIFESTYLEMAYBELLINE-Lasting-Drama-Gel-EyeLiner/p/1000000118717

MAYBELLINE Lasting Drama GelEye Liner


Detail

9 https://www.lifestylestores.co m/in/en/Beauty/Make-UpNails/Nail-Polish-And-Nail-Lacquer/LIFESTYLE-FACES-

FACES CANADASplash NailEnamel


Detail

CANADA-Splash-NailEnamel/p/1000004936482var1

10 https://www.lifestylestores.com/in/en/

David Jones/Accessories/Women Bags/ Handbags/LIFESTYLE-DAVID JONES- Solid-Zip-Closure-Laptop Bag/p/ 1000008800059

DAVID JONES Solid Zip-Closure Laptop Ba

Manuacturer's Detail Not Provided.

29

LIFESTYLE

S.NO.


1 https://www.lifestylestores.co m/in/en/Beauty/Make-UpEyes/Eye-Liner/LIFESTYLEMAYBELLINE-Lasting-Drama

MAYBELLINE Lasting Drama GelEye Liner

-

Manuacturer's Detail NotProvided.

Gel-Eye-Liner/p/1000000118717

2 https://www.lifestylestores.co m/in/en/Beauty/Make-UpNails/Nail-Polish-And-Nail-Lacquer/LIFESTYLE-FACES-CANADA-Splash-NailEnamel/p/1000004936482var1

FACES CANADASplash Nail Enamel


3 https://www.lifestylestores.co m/in/en/David-Jones/Accessories/WomenBags/Handbags/LIFESTYLEDAVID-JONES-Solid-ZipClosure-Laptop-Bag/p/1000008800059

DAVID JONESSolid Zip-ClosureLaptop Bag


4 https://www.lifestylestores.co m/in/en/Accessories/Sunglass es/Women/LIFESTYLEFASTRACK-I-GEAR-Printed-Wayfarer-Sunglasses/p/1000006815498

FASTRACK IGEAR PrintedWayfarer Sunglasse

Manufactured/Impo rted By

: TitanCompany Limited,3, SIPCOT Industrial Complex, Hosur - 635126,Tamil Nadu.

5 https://www.lifestylestores.co m/in/en/Accessories/Watches/Men/LIFESTYLE-FOSSILMen-Analog-Watch---ME3098/p/1000005186297

FOSSIL MenAnalog

WatchME3098

Country of Origin : india Manufactured/Impo rted By

: FossilIndia Pvt. Ltd.,Khasra No:2058/1754/18 &2059/1754/18, Waka MouzaBhatoli kalan, Baddi 173205,India.

DECATHALON

S.NO.


30

1 https://www.decathlo n.in/p/8505045/rainjacket-andpants/womenscountry-walkingwaterproof-jacketnh500-imper

Women’s Country walking waterproof jacket – NH500Imper

Manufacturer's Detail Not Provided in the Website, however, in the application all productes are shown to be manufactured at a single manufacturing site at Banglore, which is wrong information.

2 https://www.decathlon.in/p/8389390/bikes /kids-cycle-4-6-years

KIDS CYCLE 4-6YEARS INUIT 10

-


inuit-100

3 https://www.decathlo n.in/p/8379822/cros s-training-parallelbars/100-dip-bartraining-station

100 Dip Bar Training Station

Manufacturer's Detail Not Provided in the Website, however, in the application all productes are shown to be manufactured at a single

4 https://www.decathlon.in/p/8596767/sungl asses/adult-cyclingcat-3-high-definitionsunglasses-roadr-500-black

Adult Cycling Cat 3High DefinitionSunglasses Roadr500 - Black


5 https://www.decathlon.in/p/8485463/headl amp-andtorch/rechargeabletrekking-head-torchtrek-900-usb-400lumens-yellow

Rechargeable trekking head torch -TREK 900 USB -400 lumens - Yellow


AMAZON

S.NO.


31

1 https://www.amazon.in/s?i=kitc hen&bbn=1380072031&rh=n% 3A976442031%2Cn%3A976443031%2Cn%3A1380263031 %2Cn%3A1380072031%2Cp_n_feature_thirteen_browsebin%3A2753058031%2Cp_85 %3A10440599031&pf_rd_i=1380072031&pf_rd_m=A1K21F Y43GMZF8&pf_rd_p=d9f2d0b b-a236-40ad-8fad-4d52958c1842&pf_rd_r=MYP NEPQ7P8TYKQGTX511&pf_rd_s=merchandised-search4&pf_rd_t=101&ref=s9_acss_ bw_cg_BGMicro_4c1_w

IFB 23 L Convection Microwave Oven(23BC4, Black+FloralDesign)

No manufacturedetails

2 https://www.amazon.in/PHILIPS-Philips-Air-Fryer/dp/B08BM7X1BM?ref_=Oct_BSellerC_1380053031_0&pf_rd_p=5d207876-e9ec-53cd-91cd-ad9f619db628&pf_rd_s=merc handised-search-5&pf_rd_t=101&pf_rd_i=1380053031&pf_rd_m=A1VBAL9TL5WCBF&pf_rd_r=4EZ116RMJJ7XYT3W3TDQ&pf_rd_r= 4EZ116RMJJ7XYT3W3TDQ&pf_rd_p=5d207876-e9ec-53cd91cd-ad9f619db628

Philips DailyCollection HD9218Air Fryer, uses up to90% Less Fat,1425W, with Rapid Air Technology(Black)


3 https://www.amazon.in/DisneyMickey-Plastic-SipperMulticolour/dp/B079DVP5YM/r ef=pd_sim_79_2/277-4568614-

Disney Mickey Mouse Plastic Sipper Bottle,400 ml, AssortedColors


5816225?_encoding=UTF8&p d_rd_i=B079DVP5YM&pd_rd _r=2088c4c3-a79e-4ec5-be061782759dc128&pd_rd_w=inS mM&pd_rd_wg=1m7a2&pf_rd _p=ab1ea959-cf01-41ea-8491e7f4cc3d0a0f&pf_rd_r=P7TD CC4ERXBFK1XZY2WD&psc=1&refRID=P7TDCC4ERXBFK1XZY2WD

32

4 https://www.amazon.in/Aesthet ic-Home-Solution-ColoredCrystals/dp/B085Y97KSM/ref=sr_1_13_sspa?dchild=1&qid=1592914885&s=kitchen&sr=1

Aesthetic Home Solution BlackColored Metal &Crystals Pendent-Light


13-spons&psc=1&spLa=ZW5jcnl wdGVkUXVhbGlmaWVyPUFY S0hXUUFFQjY2VkUmZW5jcnl wdGVkSWQ9QTAzNDczNDE yOUgwVFQ1VEFURDZGJmV uY3J5cHRlZEFkSWQ9QTA2 MzU3NzEzUElRRFZNTTdYN UZZJndpZGdldE5hbWU9c3Bf bXRmX2Jyb3dzZSZhY3Rpb2 49Y2xpY2tSZWRpcmVjdCZkb05vdExvZ0NsaWNrPXRydWU=

5 https://www.amazon.in/ref=gw _pc_Echodevices_1/dp/B07PFFMP9P?pf_rd_r=T6K98FBSKDN6BVBN03ZS&pf_rd_p=a55780a1-c7e7-40d2-8af168ea9edd1bb5&pd_rd_r=f5f16 df5-c20f-4a7f-9bae-6c5fefeb9569&pd_rd_w=XxHc x&pd_rd_wg=CZbSL

Echo Dot (Black) bundle with Fire TV Stick and Wipro 9Wsmart bulb


SNAPDEAL

S.NO.


1 https://www.snapdeal.com /product/emm-emmdiwalimarriage-40feet/646196395229

Emm Emm 40 FeetGolden Warm WhiteLed String LightsGold

No manufacture details/Country oforigin

2 https://www.snapdeal.com /product/baby-alive-sweet-

Baby Alive SweetSpoonful's BlondeBaby Doll Girl


spoonfuls-blonde/682313780191#b crumbLabelId:355

3 https://www.snapdeal.com /product/iphone-6s-64gb/673362642550#bcr umbLabelId:175

Apple iphone 6s (64GB , 2 GB ) Gold


33

4 https://www.snapdeal.com /product/vega-pro-touchhair-dryer/552866988#bcrum bSearch:hair%20dryer

Vega VHDP 02 HairDryer Black


5 https://www.snapdeal.com /product/omron-auto-b-pmonitor/1168468079#bcr umbLabelId:791

Omron HEM 7130LFully AutomaticDigital BloodPressure MonitorWith Large Cuff,Intellisense Technology & CuffWrapping Guide


NYKAA

S.NO.


1 https://www.nykaa.com/ kama-ayurvedakumkumadi-miraculousbeauty-ayurvedic-nightserum/p/28300?ptype= product&productId=283 00&skuId=28300&cate goryId=2421

Kama AyurvedaKumkumadi Miraculous BeautyFluid

Name of Mfg / Importer /Brand: Kama AyurvedaPvt Ltd

Address of Mfg /Importer / Brand: 10, Birbal Rd, Pant Nagar, Jangpura, New Delhi,Delhi 110014

2 https://www.nykaa.com/ m-a-c-prep-primefix/p/273051?ptype=pro duct&productId=27305 1&skuId=273051&categoryId=233

M.A.C Prep + PrimeFix+

Name of Mfg / Importer /Brand: Estee lauder Companies

Address of Mfg /Importer / Brand: theEstee Lauder Companies INC,767,fifth Avenue,NY,10153,Unite d States of America

3 https://www.nykaa.com/ st-ives-gentlesmoothing-oatmealscrub-mask/p/435059?ptype= product&productId=435 059&skuId=435059&ca tegoryId=2711

St. Ives GentleSmoothing OatmealScrub & Mask

Name of Mfg / Importer /Brand: Unilever

Address of Mfg / Importer / Brand:Unilever Trumbull, CT, 06611, USA

4 https://www.nykaa.com/ st-botanica-moroccanargan-hair-serum-forall-hair-typesbeard/p/66429?

St.Botanica Moroccan ArganHair Serum for AllHair Types

No manufacturedetails/Country of origin

34

ptype=p roduct&productId=6642 9&skuId=66429&root=c av_pd

5 https://www.nykaa.com/wellbeing-nutrition-dailygreensmultivitamin/p/586279? ptype=product&productI d=586279&skuId=586279&root=cav_pd

Wellbeing NutritionDaily GreensMultivitamin

Name of Mfg / Importer / Brand: SciTechSpecialities Pvt Ltd.

AJIO

S.NO. PRODUCT LINK PRODUCT MANUFACTURE

1 https://www.ajio.com/marks - spencer - slim - fit - crew - neck - t shirt/p/461127605_white

MARKS & SPENCER Slim Fit Crew-Neck Tshirt

Manufactured By: Marks & Spencer, Ground Floor, Infinity Tower C, Cyber City, DLF Phase 2, Gurgaon – 122002, Haryana, India

Country Of Origin: Bangladesh

2 https://www.ajio.com/puma printed - deck - backpack/p/460110140_black

PUMA Printed Deck Backpack

Manufactured By: PUMA Sports India Pvt Ltd

Country of Origin: Vietnam

3 https://www.ajio.com/nike heritage - 14 - laptop backpack/p/ 460269290_black

NIKE Heritage 14" Laptop Backpack

Manufactured By: Guang Der Group Holdings Co Limit Flat Rm 505 Blk A 5 F PO Lung Centre Kowloon Bay KL HK

Country of Origin: CHINA

4 https://www.ajio.com/crocs ralen - clogs - k - with croslite/p/ 450104157_navy

CROCS Ralen Clogs K with Croslite

Manufactured By: Crocs.Inc, Niwot Colorado, USA

Country of Origin: China

35

5 https://www.ajio.com/rowan tyre - fishing - game/p/4912322700_multi

ROWAN Tyre Fishing Game

Manufactured By: Comdaq IndustriesRm # 1425-26 14 F Hollywood Plaza #610 Nathan Road Kowloon Hong Kong999999 KOWLOONHONG KONG

Country Of Origin: China

ANNEXURE

P/2 Ministry of Commerce & Industry

Information about Country of Origin by the sellers made

mandatory on GeM to promote Make in India and Aatmanirbhar

Bharat

Posted On: 23 JUN 2020 10:57AM by PIB Delhi

Government e-Marketplace (GeM), a Special Purpose Vehicle under

the Ministry of Commerce and Industry, has made it mandatory for

sellers to enter the Country of Origin while registering all new

products on GeM. Further, sellers, who had already uploaded their

products before the introduction of this new feature on GeM, are

being reminded regularly to update the Country of Origin, with a

warning that their products shall be removed from GeM if they fail

to update the same. GeM has taken this significant step to promote

‘Make in India’ and ‘Aatmanirbhar Bharat’.

GeM has also enabled a provision for indication of the percentage of

local content in products. With this new feature, now, the Country

of Origin as well as the local content percentage are visible in the

36

marketplace for all items. More importantly, the ‘Make in India’

filter has now been enabled on the portal. Buyers can choose to buy

only those products that meet the minimum 50% local content

criteria. In case of Bids, Buyers can now reserve any bid for Class I

Local suppliers (Local Content > 50%). For those Bids below INR

200 crore, only Class I and Class II Local Suppliers (Local content >

50% and > 20% respectively) are eligible to bid, with Class I

supplier getting purchase preference. Some Snapshots of the Local

Content Features on the GeM Portal are shown in Annexure.

Since its inception, GeM is continuously working towards

promotion of ‘Make in India’ initiative. The Marketplace has

facilitated entry of small local sellers in Public Procurement, while

implementing ‘Make in India’ and MSE Purchase Preference Policies

of the Government in the true sense. GeM is enabling quick,

efficient, transparent and cost-effective procurement, especially in

this hour of need when government organizations require products

and services urgently to fight against the Covid-19 pandemic. The

purchases through GeM by Government users have been authorised

and made mandatory by

Ministry of Finance by adding a new Rule No. 149 in the General

Financial Rules, 2017.

37

//TRUE TYPED COPY//

38

EMAIL RECEIVED – MENTIONING ALLOWED [email protected]

From: [email protected] Sent: Friday, June 26, 2020 9:34 AM To: [email protected] Subject: e-Filing Information (Delhi High Court) Your request reference number 1593143483815_18880 for urgent listing has been accepted for being listed on 30/06/2020. Please click on link https://tinyurl.com/y8j3k7pe for details procedure to be followed. This is system generated email. Please do not reply to this email ID

39


OF 2020 [UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA]

PUBLIC INTEREST LITIGATION IN THE MATTER OF PUBLIC INTEREST LITIGATION: AMIT SHUKLA ……. PETITIONER-IN-PERSON


AFFIDAVIT OF SERVICE / ANNEXURE OF SERVICE

I, Amit Shukla, S/o Sh. Vijay Kumar Shukla, aged about 40 years,

having office at D-54, Sector 48, Noida – 201 303, presently at New

Delhi, do hereby solemnly affirm and state as under:

1. That I am the petitioner in the present case and well

conversant with the facts and circumstances of the case and I competent to swear this affidavit.

2. That the service of the Petition alongwith annexures has been

effected to the counsel for the Union of India in PDF form through email at [email protected] and [email protected]. The Counsel has also being telephonically informed about the petition and the email. Proof of Service is attached.

DEPONENT VERIFICATION:

Verified at New Delhi on this the 26th day of June 2020 that the contents of the above affidavit are true and correct to the best of my knowledge no part of it is false and nothing material has been concealed therefrom.

40

DEPONENT

[email protected] From: [email protected] Sent: Friday, June 26, 2020 11:00 AM To: '[email protected]' Subject: Amit Shukla Vs. UOI - PIL Attachments: Amit Shukla Vs. UOI and ORS. - PIL.pdf Dear Sir, PFA the proposed WP(PIL) likely to be listed on 30.06.2020. Regards as Amit Shukla I Advocate l India | D-54, Sector 48, Noida – 201 303 Mobile +91 (0) 9999933220 | 9999333220 | Off. Ph. +91 120 4206283 | Email: [email protected] Please consider the environment before printing this email CONFIDENTIALITY INFORMATION AND DISCLAIMER: This communication being sent by Advocate's Office is privileged and confidential and is directed to and for the use of the addressee only. If this message reaches anyone other than the intended recipient, we request the reader not to reproduce, copy, disseminate or in any manner distribute it. We further request such recipient to notify us immediately by return email and delete the original message. The sender does not guarantee the security of any information transmitted electronically and is not liable for the proper, timely and complete transmission thereof. Opinions, conclusions and other information in this communication that do not relate to the official business of the sender shall be understood as neither given nor endorsed by it. From: [email protected] To: "[email protected]" Subject: Amit Shukla Vs. UOI - PIL Date: Saturday, June 27, 2020 10:10:00 AM Attachments: Amit Shukla Vs. UOI and Ors. - WP (PIL).pdf Dear Sir, PFA the proposed WP(PIL) likely to be listed on 30.06.2020. Regards as

41

Amit Shukla I Advocate l India | D-54, Sector 48, Noida – 201 303 Mobile +91 (0) 9999933220 | 9999333220 | Off. Ph. +91 120 4206283 | Email: [email protected] Please consider the environment before printing this email CONFIDENTIALITY INFORMATION AND DISCLAIMER: This communication being sent by Advocate's Office is privileged and confidential, and is directed to and for the use of the addressee only. If this message reaches anyone other than the intended recipient, we request the reader not to reproduce, copy, disseminate or in any manner distribute it. We further request such recipient to notify us immediately by return email and delete the original message. The sender does not guarantee the security of any information transmitted electronically and is not liable for the proper, timely and complete transmission thereof. Opinions, conclusions and other information in this communication that do not relate to the official business of the sender shall be understood as neither given nor endorsed by it.

Documents

· Web viewPETITIONER-IN-PERSON . AMIT SHUKLA . D-54, SECTOR 48, NOIDA . ALSO AT: 81, UGF, WTC, BARAKHAMBA LANE . NEW DELHI – 110 001 . MOBILE NO.: +91 9999933220 +91