Thread by @barandbench

#SupremeCourt is hearing the plea by Amazon seeking to restrain Future Retail from alienating its assets. This is after stores of FRL were taken over by Reliance.
#AmazonVsFuture

Sr Adv Ranjit Kumar: there is a problem in 5 words. There was written let tribunal pass appropriate orders. they dont want appropriate

Sr Adv KV Vishwanathan: there is a different phraseology. It cannot be appropriate orders

CJI reading from memo..: Parties have agreed that they will approach arbitral tribunal and the tribunal will consider the application by the respondent and pass orders as it thinks fit.

Kumar: please see what they are objecting to.

Vishwanathan: it cannot be appropriate orders in law.. it is with regard to the termination application. termination application has to be either allowed or dismissed

Sr Adv Ranjit Kumar: we only added as the tribunal considers appropriate.

Sr Adv Gopal Subramaniam: the tribunal can take a view in this matter and thus the language is always deferential.

Sr Adv Gopal Subramaniam: Learned Single judge has taken over the enforcement application and thus we dont have to bother you and the other side also cooperated with us.

CJI: These IAs ..parties agree that proceedings are underway before the single judge and thus these applications are also sent to the single judge of the HC

CJI: Parties will approach the arbitral tribunal. The tribunal will consider the termination application by the respondent first under Section 32(2)(c) of the Arbitration and Conciliation Act.

Sr Adv Gopal Subramaniam: But then let it not suggest that its necessarily a termination application.

SC ORDER: Parties will approach tribunal to resume arbitral proceedings & the tribunal will consider the termination application by FRL as under Section 32(2)(C) & pass orders

CJI: I hope I dont get to hear this case again

Sr Adv Gopal Subramaniam: we look forward to appear before you

CJI: no no some other case

#amazonvsfuture

Sr Adv Kumar: please do mention 32(2)(c)...

CJI: If you want we will give you a draft order to correct and add

Kumar: No no my lord.

#supremecourt #amazonvsfuture