Thread by @barandbench

Delhi High Court to soon begin hearing Future Retail's appeal against order directing status quo on deal with #Reliance.

Matter is listed for hearing before Division Bench of Chief Justice DN Patel and Justice Jyoti Singh.

#Amazon #Future

@fg_buzz @kishore_biyani @amazon

Hearing begins.

Senior Advocate Gopal Subramanium for @amazon : May I have your lordship's leave to conclude my submissions today.

Yes : Court

#Future #Amazon

Today I'm going to deal with the point whether the Single Judge order has superseded the Emergency Award: Subramanium

The first question will be does the judge have jurisdiction to do that? .. the Judge (Justice Mukta Gupta) said it can't be done in the suit. If it can't be done in the suit, there can't be any collateral supersession : Subramanium

That would defeat the spirit of rule of law and be completely untaneable : Subramanium

I'm going to show the interlocutory application (decided by Single Judge) : Subramanium

Be brief and go ahead... otherwise there will be repetition. Complete in half an hour...: Court

May I request for 40 mins : Subramanium

We have heard you in the past also: Court as it compliments Subramanium.

At my heart, there is still a childlike craving for grace : Subramanium

We are dealing with a protective order. It must not be because somebody is being asked to account for violation of the order.. these approvals can't be relied upon: Subramanium

Parties have to be restrained and also such authorities can be joined. The correct procedure is that we bring the order to the NCLT order. Not correct to say that Justice Midha order interdicted the Tribunal: Subramanium

The application before Justice Mukta Gupta sought a restrain on me from relying on Emergency Award : Subramanium

The application stands rejected and I'm permitted to rely on itz it can't be urged that the Emergency Award order has been vaporised: Subramanium

The order of the Arbitrator is to be found in the pdf file.. Subramanium as he refers to the Emergency Award

Subramanium reads the Emergency Award.

The arguments are very clearly noted : Subramanium

These contentions are being urged over and over : Subramanium continues to read.

After this.. this is dealt with my the Arbitrator : Subramanium reads the Award.

All this is analysed to say that it is a validly constituted Arbitrator under SIAC rules. He refers to the powers under Schedule I. That Emergency Arbitrator are recognised in Indian law.. : Subramanium

Subramanium reads the Award.

Next is when non signatories can be made a party to the Arbitration proceeding.. : Subramanium reads the Award.

Justice Gupta did not refer to the group of companies doctrine.. : Subramanium as he continues to read

This is now admitted by FRL that money did come.. it is not a stranger. : Subramanium

Subramanium continues to read the Emergency Award.

Both objections relating to jurisdiction were urged and rejected by the Emergency Arbitrator. This was not an obstructive proceedings.. We've maintained the position .. we don't want the company to sink: Subramanium

The brief question is do you still want to go ahead with a restricted entity in violation of the contract: Subramanium

Subramanium continues to read the Award.

This order was passed after they declined to maintain the status quo.. same.position was before Justice Midha: Subramanium

Subramanium continues to read the Award.

Alrighrt.. You may come directly to page 291.. : Court

Subramanium continues to read.

Subramanium moves on to the interim application decided by Justice Mukta Gupta.

Just two paragraphs.. this is in the body of the application: Subramanium

What was the point.. that I should have applied for enforcement under Section 17.. : Subramanium as he reads the application.

The relief were so wide.. now let us come to order of Single Judge : Subramanium

I'm arguing on the strength of the order as it stands : Subramanium

Subramanium reads the order, highlights that FRL did not seek any anti Arbitration injunction

Subramanium reads portion which records that challenge to Award was not maintainable in the suit.

There was no challenge to merit. Only was argument of quorum non judice. If it is quorum judice, it is an effective order : Subramanium

The Single Judge noticed that I'm entitled to rely on the Emergency Award directions: Subramanium

Please see 8.1 : Subramanium reads the Single Judge order.

Is this Emergency Award not enforceable.. : Subramanium

Come to the last part: Court

Subramanium reads the portion pointed out by Court

Subramanium continues to read the Single Judge order (Justice Mukta Gupta)..

Is this not sufficient for me to enforce the order? Because this was a case in common law.. the suit was styled like that. The single judge says that in common law, there should be three conditions.. the defendant should have no lawful justification.. : Subramanium

May I show this paragraph and then.. : Subramanium

Subramanium reads the single judge order.

Does this order dislocate Award? Jurisdictionally it can't. It preserves the EA order. If I can show it to authorities, it means it is a valid order. The single judge says if he is an arbitrator, the order is binding, naturally it has to be given effect : Subramanium

Not fair to say no time was given by single judge (Justice Midha). We gave notes. Mr Salve read out from his. : Subramanium

I'm entitled to seek enforcement. It is deemed to be an order of the court: Subramanium

It is a protective order. Final (interim) order is yet to be pronounced : Subramanium

Either the court may ask the Single Judge to pronounce the order. Or even if the Single Judge pronounces the order, he will give reasons.. or gives final order .. an appeal may not lie : Subramanium

The judge have the power to borrow power from O39.. the order of the Single Judge is unexpectional. Even Justice Mukta Gupta order is fair.. she did not go behind the Emergency Award: Subramanium

Very grateful for a patient hearing : Subramanium

Subramanium concludes.

I'm always available to assist : Subramanium

Mr Rajiv Nayar (for @amazon) wanted to say : Subramanium

He was dropped off. He's coming back on : Counsel

I'm here..these small blocks (refers to virtual hearing screen) : Senior Adv Harish Salve for FRL.

No, no. You all are not at small.. one is from Singapore, from London.. : Court

Senior Advocate Rajiv Nayar joins.

Court discusses hybrid system.

Finish it in half an hour : Court

I'll be very brief. There are two aspects of maintainability. I'm not on merit. Appeal is not at all maintainable: Nayar

This appeal is not maintainable at this stage : Nayar

Single judge is yet to give reasons in support: Nayar

Nayar refers to the impugned order.

The single judge is treating the proceedings as under section 17(2).. when we see the order appealable under section 37 of Arbitration act, an appeal against section 17(2) is missing : Nayar

Nayar reads section 37.

Intra court appeal is permissible in section 9 orders. If we were not in original side court, where would the order of single judge be appealable? : Nayar

Nayar refers to Commerical Courts Act.

If it's an order under Arbitration Act, appeal just lie under Arbitration Act: Nayar

Reliance on Section 13 Commerical Courts Act.. it doens't give right to appeal. It's just the forum to appeal : Nayar

Nayar reads a judgement.

Nayar refers to another judgement to say that an appeal to a division bench is not maintainable.

FRL has remedy under Article 136. Intra court appeal is not permissible: Nayar

Like Mr Subramanium said.. parties argued for 8 hours and 45 mins. Parties understood that they were to give written notes.. you agreed to procedure replacing notes with written submissions. Too late in the day to start crying about it : Nayar

Nayar reads single judge orders on submission of notes by parties.

All this grievance about procedure... I wasn't give one min, I wasn't given 10 mins. you filed note of submissions. There's no difference. It is a question of law : Nayar

Right from EA days, they have been telling everyone that there was no need for order, nothing will happen in a hurry. Arbitrator said hold you hands. They said we won't hold our hands : Nayar

Between Oct 25- December, they make multiple communication to authorities to give effect to the transaction with Reliance : Nayar

That's why they filed the suit .. it made them comfortable ( that I was bringing to notice the Emergency Award). Between December 31 to February, they addressed several communication to authorities: Nayar

Nayar argues that all authorities need not be made parties to the proceedings.

Every step that you've taken is on violation of the Emergency Award and the court seeks details of the order. What is so unusual: Nayar

Judge says can you not hold your hands till I pronounce the order. They said no: Nayar

What is important is.. today Court is being drawn into as an Original Court. It is so urgent that the order of the Single judge shouldn't even be waited for : Nayar

We don't know if he's going to finally decide section 17 or give interim order : Nayar

It's a pleasure to hear Mr Nayar but even I would need some time : Salve

There's no urgency.. next proceedings are before NCLT in March 2021..: Nayar

Your endeavour has been to create on creating equities.. to present a fait accompli : Nayar

Single judge can always be requested to expedite the findings : Nayar

Senior Advocate Harish Salve begins for FRL.

I don't think that will serve the purpose: Salve

The Single Judge has given his conclusion. Reasons are to follow : Salve

All prima facie views.. are pronounced. Details submissions are to follow. Details reasoning won't be of much assistance. We have argued for hours : Salve

Maintainability.. complete mistake .. it is covered by Division Bench order, affirmed by Surpreme Court.. once you step into CPC, CPC will apply: Salve

Salve reads a judgement.

Where section 36(1) apply, you go under CPC: Salve

Salve reads Section 36.

There is a direct judgement of the High Court qua 36 : Salve

Salve reads the judgement.

Look at Section 17 (2) and what has not been argued.. there is no order under section 17(2) : Salve

Where does it say that court may pass an order? : Salve

If there is no appeal, person goes to Order 21 CPC for enforcement. Where is tj question of Arbitration applying : Salve

The question*

Section 17 (1) is order of Arbitral Tribunal. Appealable under 37. You have a list and no second appeal (intra court). Completely irrelevant to what the Court is hearing : Salve

Section 17 (2) does not create any jurisdiction.. it just makes award an order of the court : Salve

Judge has the power to pass an interim order but then I have the power to appeal : Salve

I want to address the bogey.. oh Amazon was always there : Salve

I want to show some dates.. : Salve

By April, 40% of promoters shares were pledged .. your lordship knows how banks function: Salve

Salve refers to further developments that were devastating for FRL.

Amazon is a trillion dollars company. For them investing 25k crore is peanuts.. if they wanted to. Surely, if they wanted to, they could have.. company going under is not a problem. Problem is Mukesh Ambani: Salve

Salve refers to a communication between promoters and Amazon officials.

We are dancing around in June : Salve

Days matter. By the day banks are on your back .. this is all meaningless. Amazon has mistakenly submitted that Single Judge upheld the EA order : Salve

There is absence of Arbitration agreement. The single judge when told the suit was not maintainable, rejected it and said there is no Arbitration Agreement : Salve

My ld friend didn't address this point. The single judge said you can have an EA. I didn't argue this issue.. but there has to be an Arbitration Agreement: Salve

Salve reads the single judge order.

My Ld friend for some reason skipped this paragraph (on absence of Arbitration Agreement) : Salve

Salve reads the order.

Salve highlights the contradictions in findings of Emergency Award and Single Judge.

This is now almost 4:30 pm. We will assemble around 5:15 and pronounce the order : Court.

#Breaking : Delhi High Court to pass order in Future Retail's appeal against order directing status quo on deal with #Reliance at 5:15 pm.

#Amazon #Future

@fg_buzz @kishore_biyani @amazon

Future Retail v. Amazon: Delhi High Court to pronounce order in FRL appeal against status quo order at 5.15 pm [LIVE UPDATES]

@fg_buzz @amazon #delhihighcourt #amazon @kishore_biyani

barandbench.com/news/litigatio…

Link is open.

Issue notice: Delhi High Court Court

#Amazon #Future
@amazon @fg_buzz

Court records the case background in the order.

Court records the Single Judge order.

Delhi High Court continues to dictate the order.

FRL's suit against Amazon and the appeal against the interim order are both pending: Court records

#Amazon #Future
@amazon @fg_buzz

It is undisputed that FRL is not a party to agreement with FCPL and Amazon. In agreement between FCPL and FRL, Amazon is not a party : Court records

On account of Arbitration clause in agreement between Amazon and FCPL, an Emergency Arbitration was initiated by Amazon: Court

An order has been passed by Emergency Arbitrator restraining FRL from implementing agreement with RRL. Amazon filed an application under section 17(2) read with O39 for enforcement: Court records

By the impugned order, Single Judge has passed an order of status quo .. this interim order was passed while reserving order which is yet to be pronounced: Court

#Breaking: Delhi High Court stays the implementation of status quo order.

#Amazon #Future
@amazon @fg_buzz

FRL not a party to Arbitration Agreement. Prima facie, group of companies doctrine can't he invoked : Court

@fg_buzz @amazon

Prima facie, there was no reason to seek a status quo order from Single Judge. Statutory authorities can't be restrained from proceeding in accordance with law : Court

These contentious issues (Emergency Award enforcement) will be decided after order is pronounced by Single judge: Court

Not inclined to adjudicate at this stage. Order by single judge yet to be pronounced: Court

Observations are only prima facie. Single judge not to be influenced: Court

List this matter on February 26, 2021 : Court

We said FRL is not a signatory. Your lordship said that it is undisputed that FRL is not a party : Subramanium

Could the court consider it suspending for a week : Subramanium

I'm opposing: Salve

Court refuses to pass any order.

Hearing over.

[BREAKING] Delhi High Court stays single-judge status quo order on Future- Reliance deal

report by @aditi2118

#futuregroup #reliance #amazon

@fg_buzz @amazon

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