Thread by @lawbarandbench

[Amazon v Future Group] Delhi High Court will shortly continue hearing a batch of petitions dealing with the ongoing dispute between Amazon and Future Group.

Justice C Hari Shankar will hear the case. Follow this thread for live updates👇🏽

#DelhiHighCourt #Amazon #FutureGroup

Read more about the plea being heard here.

#DelhiHighCourt #Amazon #FutureGroup
barandbench.com/news/amazon-fu…

Senior Advocate Gopal Subramanium is expected to continue his submissions on behalf of Amazon today.

#DelhiHighCourt #Amazon #FutureGroup

Hearing begins.

#DelhiHighCourt #Amazon #FutureGroup

A counsel flags an order made by the Court on 24 February that was not uploaded.

Court: What is happening? Why is it not uploaded?

Court directs every order in the case is uploaded in 24 hrs.

#DelhiHighCourt #Amazon #FutureGroup

Senior Advocate Gopal Subramanium: On the last occassion, I was taking Your Lordship through the emergency arbitrator's order.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium continues trading the emergency arbitrator's order.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Even as of today, as the sun is shining, these very same people are in management. There is no change in circumstance.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: I don't see anything being said by anyone to say that they have not breached the contract. They have done everything to breach the contract.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: When the application for stay was being argued your lordships were given an impression that time will be lost.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: The facts are different.

Reliance said they have been given some advice thay everything is alright and they will proceed.

Then we have a set of disclosures by FRL who suddenly take a position that emergency arbitration..

#DelhiHighCourt #Amazon

Sr Adv Gopal Subramanium: does not exist in Indian law.

The suit is essentially an anti-arbitration suit. What was actually argued was interim relief. What was it? I must be quiet, I will not approach any court/tribunal.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: The suit was seeking final relief in the form of interim relief!

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: How do you actually bypass an arbitrator?

This portion of what I mentioned, is central to the order of Mr. Raja and the arbitral tribunal.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: What can be said to be jurisdictionally flawed to such a degree?

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: On 9 Sept 2021, the #SupremeCourt said yes we are staying all proceedings but we are saying no final orders to be passed AND you mention that you have moved an application to vacate the order.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Suddenly in last week of Sept, an order of the NCLT sanctions the first motion which really is the final order.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: We rushed to the Supreme Court! On that application, notice was issued.

The court said you can't just do this.

Therefore, the net result was the meeting under the NCLT order lapsed. There has to be a de novo order
#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: On the basis of the Supreme Court's order, they went to the NCLT and said everything is gone.

The NCLT passed an order and is stage 1. The Lordships were not told this till now.

#DelhiHighCourt #Amazon #FutureGroup

Court: As far as I recollect, the Supreme Court has said in its order that it is Stage 8.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Even though the SC wrote that, when they went to the Tribunal, it had to command a meeting to be held.

Before you go to the meeting, various notices have to be issued.

#DelhiHighCourt #Amazon #FutureGroup

Court: One is, when the SC order says that we have reached stage 8 and beyond that, HC has to decide. If that order is unequivocal, that has to be corrected by the SC.

#DelhiHighCourt #Amazon #FutureGroup

Court: Second, the SC has told the HC whether NCLT proceedings are to continue.

Once SC has said do it expeditiously, I have to do it!

#DelhiHighCourt #Amazon #FutureGroup

Court: Mr Salve said the only interim protection I want is for NCLT proceedings to go on. Everything else, I am willing to defer to final hearing.

#DelhiHighCourt #Amazon #FutureGroup

Court: Therefore, my question was if the NCLT proceedings should go on, does stage really matter?

Second, apart from that, your contention that it hasn't reached stage eight- is it open for me to say?

#DelhiHighCourt #Amazon #FutureGroup

Court: Last time, you said Supreme Court will take it up next day. What happened?

Sr Adv Gopal Subramanium: They took it up! It's listed tomorrow again.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: What did the Chief Justice say in Dubai? He said there is no conflict between rule of law and arbitration.

India is a pro-arbitration destination.

barandbench.com/news/arbitrati…

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: The Supreme Court has said that the Court has to deal with two kinds of people- those who breach the injunction and those who aid and abet the breach. That is why we have to file an application and inform the court.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Please make a note of a gentlemen called Vivek Biyani. This gentlemen is the complainant before the CCI.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: The respondents are the primary authors of this situation.

No point in referring to Covid again and again.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: If parties have agreed to remedies available before an arbitral tribunal, it cannot be said that a prohibitory order was outside it's jurisdiction.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: While Your Lordships are right about the SC orders but that is without prejudice to your lordships consideration.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Nobody can say that this order was.. there is no equivocation.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: It is not a fit case where breach is prima facie established.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: After 25 10 2020, what is the effect of Section 17 (2) of the arbitration and conciliation act?

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: If we are right, the question which arises is- What does the law demand?

Senior counsel reads provision.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: It is a very unique provision in our act.

17 (2) is most vital in our case. The arguments by my Ld. Friend overlook these words.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Now, what is the effect of the contention of the appellants? An order may be an order, you don't necessarily have to obey it! You go and enforce it. Is that the spirit of Section 17?

This is fallacious.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: It cannot be contended that the order of Her Ladyship is certainly not in appeal under 37.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium takes Court through SIAC Rules.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Rule 12 is a relevant consideration for your lordship since you're exercise appellate and discretionary jurisdiction.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium takes Court through a suit filed on 7 November 2020.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: In the suit, the dramatis personae are.. the plaintiff is Future Retail and I'm Defendant No. 1.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: You will see, after describing the parties- Defendants 3-13 are the promoters of FRL.

The entire cause of action arises out of a transaction between plaintiff and Defendants 14 and 15. No relief was claimed against reliance.

#DelhiHighCourt

Sr Adv Gopal Subramanium: Just consider, these promoters are singing with the plaintiff. They are, together, saying we engineered an arbitration proceeding.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: In our Arbitration act, your lordships will notice "party" means one to an agreement not a signatory.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: How can a contract be lawful if there is a breach of my agreements?

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Please look at the prayer in this suit.

#DelhiHighCourt #Amazon #FutureGroup

Court: We do come across these prayers.

Sr Adv Gopal Subramanium: It's not like FRL did not appear before the emergency arbitrator.

Court: Sometimes we ask for the moon, thinking we might get cheese! (Laughs)

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: As far as respondents 1-13, they are signatories. They are bound to carry out the order.

Counsel appear for the defendants and make submissions to support the plaintiff.

Court: You are saying FC is shooting from the shoulders of FRL.

Sr Adv Gopal Subramanium: That is the long and the short of it! Your Lordship has pierced through me.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: The Ld. Judge says two important things. 1) because FRL Is not a signatory, it can be a plaintiff.

On the question of emergency arbitrator being a nullity, the judge rejected the submission.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Whether there is control over FRL will depend on pleading, she says.

She further says, as far as restraint is concerned- I can't restrain Amazon.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Anyway those observations are under appeal.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: This order at best could be an orders yes but when a tribunal hears on evidence, it has to take a view.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: When Your Lordships pass an order under 9, tribunal will deal with it un influenced.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: Tribunal's reasoning , please look at it! Is there any basis for this person to be given any liberty in the face of a Breach and conduct.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: If the promoters and the companies are doing this, that is an act of conduct that the Court can keep in mind.

#DelhiHighCourt #Amazon #FutureGroup

Sr Adv Gopal Subramanium: If the Lordship is satisfied that the intention is not as benign, then Your Lordships will say wait a minute.

Court: One very basic issue, there are cases after cases where proceedings under authorities are challenged.

#DelhiHighCourt #FutureGroup

Court: At that stage, the court generally allows proceedings to go on. What exactly is the reason the court should not take the view?

If that is the case, all these other issues might become peripheral.

#DelhiHighCourt #Amazon #FutureGroup