Dell files injunction against Delhi importer

Delhi High Court has recently issued an order in favor of Dell India which protects Dell against the unauthorized parallel importer. Dell India has filed an exparte interim injunction in the Delhi High Court against Pioneer Computronix, a Delhi based parallel importer for Dell laptops. As a result the court issued an order against the importer and directed it to not to indulge into parallel imports.

When The DQ Week contacted Dell officials, despite several attempts, the spokesperson of Dell India informed, "The court has issued an order in favor of Dell India and post receiving the order a raid was conducted at the importer's office."

Speaking to The DQ Week, Aditya Gupta, owner, Pioneer Computronix said, "We have received a copy of the court order, however we are yet to file our reply against the order. Following the court order we have stopped importing Dell products."

He also pointed, "We will challenge the injunction and are seeking legal course on the same. Since, both Ministry of Finance and Ministry of Commerce have already issued notification/circular which clarify that parallel import is permissible in India, we will fight for the legitimate rights of parallel importers and will not seek for any compromise. Dell has just got the court order against us, but it has not won the case. Earlier also the company had lost its attempt by confiscating the imported materiel at the Mumbai custom. Therefore, we will challenge as per law of land."

It has also been reported that a public notice is being issued by Dell India to educate its customers on the prevalence of some unscrupulous traders who are attempting to cheat/confuse/deceive unwary consumers. The recent public notification by Dell has been creating confusion in the import market, since the government has already cleared its stand on parallel imports. Objecting Dell's move, All Delhi Computer Traders Association (ADCTA) said, "Dell is creating confusion among the rightful parallel importers and many parallel importers approached ADCTA seeking its intervention for clarification. Accordingly, ADCTA had gone through the complete matter in detail and found that contents in the said caution notice was published in such a way that it creates confusion to the importers/dealers and Indian consumers."

ADCTA requested Dell to clarify their stand in detail so that parallel importers/dealers and Indian consumers have clear idea about the subject. Despite several reminders sent by ADCTA, Dell India did not respond, which shows the intention of Dell India to deliberately create confusion among the parallel importers and eventually restrict parallel import.