File response on SIAC award petition: Delhi High Court to Future

The Delhi High Court (HC) asked the Future Group to file a response on enforcement of the emergency arbitration award passed by the Singapore International Arbitration Centre (SIAC) on Amazon’s petition and gave it the liberty to file a rejoinder thereafter.

The Delhi HC in its order said Amazon has formally placed its affidavit on record, in which it has given the background to the arbitration proceedings, the alleged false statements made by Future Retail (FRL) before various courts, the stratagem sought to be executed by FRL allegedly in collusion with the Mukesh Dhirubhai Ambani Group to alienate FRL’s retail stores and the reliefs being sought by the applicant (Amazon) to preserve the substratum of the dispute in the arbitration proceedings.

The latest hearing comes after the Supreme Court asked Future Group and Amazon to request HC to hear the case on the enforcement of the emergency arbitration award passed by SIAC.

In its arguments, Amazon argued that the court should enforce the order and direct that the resources should remain with FRL. It asked how they have been transferred to Reliance.

Amazon’s counsel also argued that Chief Justice of India N V Ramana in his order in February said the assets will only be transferred as and when final orders are passed.

The case will next be heard on April 12.

The Delhi HC is currently hearing a bunch of pleas filed by both the parties (Future Group and Amazon).

On Monday, both Amazon and Future Group agreed to appear before the SIAC, the parties informed the Supreme Court, and were asked to file a joint memo in this regard.

“It is stated and agreed by both parties that they wish to appear before the Singapore International Arbitration Centre and request that the proceedings, pending adjudication before it, be expedited on the issues agreed upon between them,” the top court said in its order on Monday.

The apex court also asked both the parties to inform the Bench, in the next hearing scheduled for Wednesday, about the developments in the Delhi High Court.

In the previous hearing last week, the Supreme Court asked if it could pass an interim order on a plea of Amazon that Future Retail assets, including Big Bazaar shops, not be alienated till the dispute over its merger with Reliance Retail is decided by the arbitral tribunal.

It also said, “If tenants or landlords are not before us, how can the court pass an order injuncting them from taking possession (of shops).”

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