Thread by @lawbarandbench

#DelhiHighCourt is hearing @amazon plea seeking stay on Enforcement Directorate's invesigation into its 2019 deal with #FutureGroup
barandbench.com/news/litigatio…

Justice Rekha Palli is presiding.
Sr Advocate Sidharth Luthra appearing for Amazon.
#AmazonvED #DelhiHighCourt

Luthra is taking the Court through Foreign Exchange Management Act (FEMA).
#AmazonvED #DelhiHighCourt

Bench: Be conscious of the fact that you are in writ jurisdiction and you want me to quash an investigation.
Luthra: I am clear in what I want your ladyship to take through.
#AmazonvED #DelhiHighCourt

Luthra: We are dealing with a specialised agency which has two arrows in its quiver. One is PMLA and other FEMA.
#AmazonvED #DelhiHighCourt

Bench says that the judgment Luthra is citing is not on record.
Luthra: Your Ladyship asked me a out-of-syllabus question.
#AmazonvED #DelhiHighCourt

Luthra continues to read through FEMA.
#AmazonvED #DelhiHighCourt

Luthra: The element of foreign exchange has to exist to invoke jurisdiction of ED. While whole argument is lack of jurisdiction. Can the ED decide to invoke jurisdiction only because they believe to do so?
#AmazonvED #DelhiHighCourt

Luthra: If it was an issue of investigative fairness then we won't have the situation where we would have called on Your Ladyship.
Bench: Don't drag on what appeared to be an act of one officer.
#AmazonvED #DelhiHighCourt

Luthra: There is a malice in the way which jurisdiction is exercised are.
Bench: Why are you going deeper into this?
Luthra: There is a reason why I am taking you through the titiles.

Luthra: The entire body of investigation is about some investments made by Amazon into Future. It belies reason as to how an investigating agency will start calling upon people and start exercising jurisdiction?

Luthra: Let me just place before Your Ladyship some of the salient facts which are relevant.

Luthra: The petitioner 1 is an entity which is carrying out business here. It has nothing to do with Future Group.

Luthra submits that notices were served to both Amazon and Future but they (ED) has not touched the Future Group.
#AmazonvED #DelhiHighCourt

Luthra now reads the notice by ED through which the agency sought details into Amazon's communications with Government as well as its legal advisors and proceedings before Singapore Tribunal.
#AmazonvED #DelhiHighCourt

Luthra: Amazon comes into this country somewhere in the year 1997. Indian regulators, over a period, have dealt with the petitioner and subjected an investigation in Bangalore.
#AmazonvED #DelhiHighCourt

Bench: Mr Luthra how much more time do you need to convince me that there is something in this case worth issuing notice.
Luthra: At least an hour.

Court now lists the case for further hearing on January 20.
Bench: Let's see if you are able to convince me.
Hearing ends.
#DelhiHighCourt #AmazonvED