Don't burden us by thrusting heaps of papers: SC raps Amazon, FRL over multiple pleas
SC asked Amazon and Future Group to file a “joint memo” before it by Tuesday agreeing to the resumption of arbitral proceedings before SIAC and posted the plea of the US firm for further consideration on April 6.
- Apr 4, 2022,
- Updated Apr 4, 2022 9:07 PM IST
The Supreme Court on Monday chided Amazon Inc and Future Retail Limited (FRL) for filing multiple pleas. The top court was hearing the submissions of the US e-commerce major, seeking an interim order to ensure that Future assets, including "Big Bazaar shops", are not alienated till the dispute over its merger with Reliance Retail is decided by an arbitral tribunal.
A bench comprising Chief Justice N V Ramana and justices Krishna Murari and Hima Kohli, which had heard part arguments on Amazon's plea on April 1, was hearing the pleas.
The CJI, while hearing the submission said, "Please do not burden us by thrusting heaps of papers on us. The relief sought by Amazon is pending before Delhi HC and the matter is going on before the tribunal. If you file hundreds of documents then we may give some finding on an issue, which can hamper either (of) your case."
Moreover, Justice Kohli informed, "The application filed by you runs into 2000+ pages."
Meanwhile, senior advocate Gopal Subramanium, appearing for Amazon said, "The averments are giving details of all proceedings." He added that FRL never said that it is not in a position to pay rents. "Even on Feb 15, FRL has paid $15 million to the bondholders."
He also said that if arbitration has to resume, there has to be some protective order. The SC bench asked Amazon and Future Group to file a “joint memo” before it by Tuesday agreeing to the resumption of arbitral proceedings before SIAC and posted the plea of the US firm for further consideration on April 6.
Senior advocate Harish Salve, appearing for FRL, said that Subramanian has argued the case of assets being taken over by Reliance before the HC and observations were made.
Rapping the advocates on multiple pleas, CJI Ramana said, "Your priority is changing day by day. You did not have any problem with assets before and now since it's been taken over, there is urgency, we will list this day after tomorrow. Let High Court hear this tomorrow and tell us what happens."
He also informed that the parties have agreed to appear before SIAC. "We request tribunal to expedite the proceeding. Parties to file a joint memo by tomrorrow."
Amazon and Future Group are engaged in a multi-forum litigation on the issue of FRL's merger deal to the tune of Rs 24,500 crore with Reliance Retail Limited after the US e-commerce giant dragged FRL into arbitration at the Singapore International Arbitration Centre (SIAC) in October 2020.
It has been alleged by Amazon that on March 3, as many as 600 stores of FRL were taken away by Reliance.
The plea was vehemently objected to by Future Group lawyers on Tuesday.
The top court was told by Amazon that besides seeking the resumption of arbitral proceedings, it wants an order so that FRL's assets are there for it if it wins the arbitration as the "applecart was being upset".
The bench is hearing Amazon's appeal against the January 5 order of the Delhi High Court, which stayed the proceedings before the arbitral tribunal over Future Retail's merger deal with Reliance Retail.
(With inputs from Aneesh Mathur)
The Supreme Court on Monday chided Amazon Inc and Future Retail Limited (FRL) for filing multiple pleas. The top court was hearing the submissions of the US e-commerce major, seeking an interim order to ensure that Future assets, including "Big Bazaar shops", are not alienated till the dispute over its merger with Reliance Retail is decided by an arbitral tribunal.
A bench comprising Chief Justice N V Ramana and justices Krishna Murari and Hima Kohli, which had heard part arguments on Amazon's plea on April 1, was hearing the pleas.
The CJI, while hearing the submission said, "Please do not burden us by thrusting heaps of papers on us. The relief sought by Amazon is pending before Delhi HC and the matter is going on before the tribunal. If you file hundreds of documents then we may give some finding on an issue, which can hamper either (of) your case."
Moreover, Justice Kohli informed, "The application filed by you runs into 2000+ pages."
Meanwhile, senior advocate Gopal Subramanium, appearing for Amazon said, "The averments are giving details of all proceedings." He added that FRL never said that it is not in a position to pay rents. "Even on Feb 15, FRL has paid $15 million to the bondholders."
He also said that if arbitration has to resume, there has to be some protective order. The SC bench asked Amazon and Future Group to file a “joint memo” before it by Tuesday agreeing to the resumption of arbitral proceedings before SIAC and posted the plea of the US firm for further consideration on April 6.
Senior advocate Harish Salve, appearing for FRL, said that Subramanian has argued the case of assets being taken over by Reliance before the HC and observations were made.
Rapping the advocates on multiple pleas, CJI Ramana said, "Your priority is changing day by day. You did not have any problem with assets before and now since it's been taken over, there is urgency, we will list this day after tomorrow. Let High Court hear this tomorrow and tell us what happens."
He also informed that the parties have agreed to appear before SIAC. "We request tribunal to expedite the proceeding. Parties to file a joint memo by tomrorrow."
Amazon and Future Group are engaged in a multi-forum litigation on the issue of FRL's merger deal to the tune of Rs 24,500 crore with Reliance Retail Limited after the US e-commerce giant dragged FRL into arbitration at the Singapore International Arbitration Centre (SIAC) in October 2020.
It has been alleged by Amazon that on March 3, as many as 600 stores of FRL were taken away by Reliance.
The plea was vehemently objected to by Future Group lawyers on Tuesday.
The top court was told by Amazon that besides seeking the resumption of arbitral proceedings, it wants an order so that FRL's assets are there for it if it wins the arbitration as the "applecart was being upset".
The bench is hearing Amazon's appeal against the January 5 order of the Delhi High Court, which stayed the proceedings before the arbitral tribunal over Future Retail's merger deal with Reliance Retail.
(With inputs from Aneesh Mathur)