SC Issues Notice To Future Group On Amazon's Plea

A three-judge bench comprising Chief Justice N V Ramana, Justice A S Bopanna, and Justice Hima Kohli said that it will hear the matter on February 23 “without any adjournment”

The Delhi High Court on January 5 had stayed the arbitration between Amazon and Future which is going on before a three-member arbitral tribunal over the latter’s Rs 24,500-crore deal with Reliance. Image: Getty

New Delhi: The Supreme Court has sought a reply from the Future group on US e-commerce major Amazon’s petition against the January 5 order of the Delhi High Court, which stayed the ongoing proceedings before a Singapore arbitral tribunal over Future Retail’s Rs 24,500-crore merger deal with Reliance.

A three-judge bench comprising Chief Justice N V Ramana, Justice A S Bopanna, and Justice Hima Kohli issued notices to the Future group firms, Future Coupons, and Future Retail. The SC said that it will hear the matter on February 23 “without any adjournment”.

The Delhi High Court on January 5 had stayed the arbitration between Amazon and Future which is going on before a three-member arbitral tribunal over the latter’s Rs 24,500-crore deal with Reliance.

During the hearing, the CJI expressed displeasure over some media reports on his remarks made on Tuesday, while declining Amazon’s request to file written submission in another case field by FRL seeking approval to proceed with the National Company Law Tribunal permission of going ahead with the merger.

The bench has observed that it appeared to be a “luxurious litigation”.

Chief Justice N V Ramana said, “I am sorry to say that papers are unnecessary highlighting whatever we observed, but this is also the same, the other side (Future), they don't want matters should go on.” The bench issued notice on the plea of the US firm even before senior advocate Gopal Subramanium, appearing for Amazon, started the submissions on the plea filed against the high court’s January 5 order.

Senior advocate Mukul Rohatgi, appearing for Future group, said that let the matter be kept for hearing on February 23 as senior lawyer Harish Salve, who also appears for the Future group firm, was unavailable, PTI reported.

Rohatgi said that the NCLAT would hear next week the Amazon plea against the Competition Commission of India order which had revoked its sanction for the deal with Future Group.

Amazon and the Future Group have been locked in a legal tussle after the US e-commerce giant dragged the latter to arbitration at the Singapore International Arbitration Centre in October 2020. The high court had said that there was a prima facie case in favour of FRL and FCPL and if a stay is not granted, it will cause an irreparable loss to them.

Amazon argued that FRL violated their contract by entering into a deal for the sale of its assets to Reliance Retail on a slump sale basis for Rs 24,500 crore.