Wednesday, September 28, 2022

Amazon Future deal: Delhi High Court upholds award in favour of Amazon, imposes Rs 20 lakh cost on Future Group

The bench asked Biyani and others to appear before the Court on April 28 for the next date of hearing

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The Delhi High Court on Thursday, while upholding the order of the Emergency Arbitrator and rejecting the contentions of Future Group, levied a cost of Rs 20 lakh on it to be deposited for the Covid-19 vaccination of people below the poverty line. The verdict comes as a shot in the arm for Amazon.

A single-Judge bench of Justice J.R. Midha noted, “Show-cause notice to Respondent No. 2-13 (Kishore Biyani, Future Retail, Future Coupons and others), explaining as to why they should not be detained in civil prison for violating the order of the emergency arbitrator for 3 months.”

The petition has been filed by Amazon seeking the enforcement of the Emergency Award, restraining Future Group from going ahead with its deal with Reliance stating the order passed by the Emergency Arbitrator “shall be deemed to be an order of the Court for all purposes and shall be enforceable under the Code of Civil Procedure.”

The bench has directed to attach all properties of all the respondents, further the FRL shall not take any action and all the Respondents shall file a status report at least 3 days before the next date of hearing.

Earlier, Justice Midha had noted, “This Court is of the prima facie view that the Emergency Arbitrator is an Arbitrator; the Emergency Arbitrator has rightly proceeded against the respondent No.2 (Future Group).”

On a last date of hearing, Senior Advocate Gopal Subramanium appearing for Amazon had submitted, “The respondents have deliberately and willfully violated and are continuing further with the violation of the order dated October 25, 2020 of the ‘Emergency Arbitrator and immediate interim order be passed to protect the petitioner’s rights till the pronouncement of the reserved order.”

It was further contended that any delay in the protection order would cause irreparable loss to Amazon.

The bench has asked Biyani and others to appear before the Court on the next date of hearing while listing the matter for further hearing on April 28.


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