A bench of Justice DN Patel and Justice Jyoti Singh on Friday refused to grant any interim stay, seeking replies from the Union of India and respondent Amazon, and posted the matter for August. The petition, filed through advocates Preet Singh Oberoi and Aamer Vaid, sought a court’s direction to Amazon to partially suspend all partnerships with Shein until Amazon can assure the Indian government’s information ministry. that no data is shared in any form with Shein.
Senior Advocate Vivek Raj Singh, appearing for the petitioner, submitted that vide a notification dated 29 June 2020, the application and platform operated, owned and controlled under the brand name Shein was temporarily banned in India by the Ministry. Singh said the temporary ban was based on the unquestionable conclusion that the data collected by Shein of its Indian customers was being used in a manner that was prejudicial to India’s interest and sovereignty.
He further argued that in pursuance of Section 69A of the Information Technology Act, 2000 Act in January 2021 as per the Information Technology (Procedure and Security Measures for Blocking Access to Information by the Public) Rules 2009, the Ministry has launched Shein Mobile Application/ Permanently banned the platform from operating in India. It is therefore an indisputable fact that the Shein brand and its products were banned from operating in India.
Although Amazon.in had advertised about the Prime Sale to be held on its platform on 12 July 2021. It was explicitly advertised by Amazon.in that Shein’s products would be available on its website as part of the sale.
The petitioner sought the intervention of the court in the matter stating that Shein is not prohibited from selling his products through “Prime Sale” on Amazon.in, it would seriously affect the integrity and sovereignty of the country. may, the petition said. Chinese clothing brand Shein was also among other Chinese apps to be banned by India during border tensions between the two countries.
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