Thread by @barandbench

Delhi High Court begins hearing Future's appeal against Single Judge order favouring the enforcement of Emergency Award against its deal with Reliance.

@amazon @fg_buzz

#Future #Amazon

Appeal listed before Chief Justice DN Patel and Justice Jasmeet Singh.

Senior Advocate Gopal Subramanium for @amazon

Senior Advocate Harish Salve for Future

#Amazon #Future

I appear for Future Retail: Salve begins

There's objection on maintainability: Senior Adv Rajiv Nayar for Amazon

This is a fresh appeal: Salve as he reads the Single Judge order.

I'm asking a stay on all these directions: Salve

There's a finding of breach. Theis has gone much beyond .. we were under the impression that the Single Judge would get reasons (for prima facie order): Salve

Supreme court in SLP has directed that all these (NCLT) hearings can go on .. this court's order has not been stayed : Salve

Single judge's order has to be stayed. This directions are under O39R4a : Salve

In the SLP, date is given. We either argue here or there : Salve

There was an Interim order in the special leave petition.. we can't surely argue the matter at both places. We'll seek appropriate directions from the Supreme Court: Subramanium for @amazon

SLP was against the ad interim order pending final order. The court had given Liberty to single judge to pronounce judge.. it is only right that we file an application before the Supreme Court and seek appropriate order: Subramanium

The appeal lies before this court.. my remedy lies in appeal, I've come in appeal : Salve

Further directions have been given. They have to be stayed: Salve

I'll try to persuade the Supreme Court also : Salve

I have an appeal as a right : Salve

If earlier directions were stayed, these also have to be stayed : Salve

If we're arguing maintainability.. then I'll open up the whole matter : Salve

I don't want the Supreme Court to be told that despite the matter being pending, this Court went into it : Salve

It is for him to argue in whatever fashion he wants to : Nayar

Appeal would not lie against an order which is under Arbitration Act: Subramanium

That very issue in some sense is a subject matter if SLP before the Supreme Court: Subramanium

Since matter is presently before Surpreme Court.. the matter is now listed on April 27. We will not do anything which is inconsistent with the Supreme Court order: Subramanium as he says that the Single Judge order would be brought to the Supreme Court

Future is saying that the single judge order be stayed during the pendency of the appeal : Court

Whatever order has bene passed, it is implied that it is subject to Supreme court order. It was an interim order of Supreme court which as on date governs rights of parties: Subramanium

The court extended the stay after Surpreme Court SLP : Salve

I'm before this Court. Either the same order be passed or I'll argue : Salve

I would like the Court to record that Mr Nayar insisted that maintainability be decided: Salve

Senior Adv Iqbal Chagla for Future says it is also a matter of propriety.

This has to be stayed depending on what the Supreme Court decides on April 27: Chagla

Single judge has not even referred to this court's or Supreme Court's order to make such a drastic order : Chagla

It is only right that we await Supreme Court hearing: Subramanium

So we will stay this order : Court

Since matter is before Surpreme Court, until Supreme Court decides.. : Subramanium

Court dictates the order.

Nayar continue to urge Court to hear it.

Court continues to dictate order.

Court records the submissions made by parties.

Court loses audio for a brief period.

They (Amazon) will prefer application before the Supreme Court for enforcement of order : Court

Grounds of maintainability will be raised before Surpreme Court: Court

We hereby stay the single judge order dated March 18, 2021 till next date of hearing: Court

Court issues notice.

Notice returnable on April 30 : Court

The Court may make it clear that until further orders, order of Surpreme Court be complied with : Subramanium

Subramanian urges court to record the Surpreme Court order.

We'll mention the SLP: Court

Nayar reads the February 8 order passed by the Court.

Nayar urges the point of non maintainability of the appeal.

If we're going into it, allow me to argue : Salve

Alright, we'll hear it on the next date of hearing. Till then there will be a stay : Court

Hearing over.

[BREAKING] Delhi High Court stays Single Judge order directing attachment of Future-Biyani properties, imposing 20 lakh costs

Reports @aditi2118

#Future #Amazon @amazon @kishore_biyani @fg_buzz #delhihighcourt
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