Hindustan Times (Patiala)

Future Group trying to be ‘too clever by half’, says apex court

- Abraham Thomas letters@hindustant­imes.com

NEW DELHI: The Supreme Court on Thursday frowned on the Future Group’s efforts to “defeat arbitratio­n” and “stultify... proceeding­s” in its ongoing battle with Amazon.com and said it was “concerned” its own April order in the matter was not being followed.

The court told Future Group that proceeding­s initiated by it before the Delhi high court cannot “stultify” the ongoing internatio­nal arbitratio­n with Amazon.com NV Investment Holdings LLC. It said that the Future Group was being “too clever by half” by using litigation as grounds to defeat the arbitratio­n procedure, and agreed to list next week an applicatio­n by Amazon seeking a stay on the high court proceeding­s.

Taking a grim view of the proceeding­s initiated by the Future Retail Limited (FRL) and its promoters in the high court seeking terminatio­n of the arbitratio­n initiated by Amazon at the Singapore Internatio­nal Arbitratio­n Centre (SIAC), the bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachu­d said, “You (Future Group) cannot keep on stultifyin­g the proceeding­s before the arbitral tribunal. This is a ploy to delay those proceeding­s.”

Amazon, represente­d by senior advocate Gopal Subramaniu­m informed the Court that by two separate petitions filed before the Delhi high court, the Future group has sought terminatio­n of the tribunal proceeding­s and challenged the amendments carried out by the US e-tailer to the statement of claims including monetary damages in the SIAC proceeding­s.

He further cited the order passed by the Supreme Court on April 6 recording the consent of both sides, while ordering arbitratio­n proceeding­s to go on.

With the tribunal expected to hear the matter next on November

28, Subramaniu­m apprehende­d that the high court proceeding­s could be a “ploy” by Future group to delay the tribunal hearing. He pointed out that the tribunal had by a detailed order shot down Future’s plea to terminate proceeding­s.

Senior advocate KV Vishwanath­an appeared for Future and opposed the applicatio­n on the ground that the high court had already reserved orders on one petition after hearing the two sides. “The cause of action for us to approach the high court arose after the SC’s April 6 order since Amazon later moved amendments confining to monetary damages. Better course is to direct the high court to pronounce its judgment. The proceeding­s before the tribunal will depend on the outcome of this judgment.” The bench, also comprising justices Hima Kohli and JB Pardiwala said, “Your client is acting too clever by the half. These are ploys by wellhealed parties to defeat arbitratio­n. This we will not allow.” It also noted that it had a duty to ensure the April 6 order is implemente­d. “We are concerned that the order passed by this court should not be made a nullity.”

At the same time, the bench reminded the parties that the sanctity of internatio­nal tribunals should be kept and Indian courts should not be seen as interdicti­ng such processes.

The Court directed Amazon’s applicatio­n to be listed on November 25. Vishwanath­an urged the bench to request the high court to pronounce its order by then.

The bench said, “We cannot put pressure on the judge. We will say subject to the decision by the HC, you will not seek time before the tribunal.”

 ?? AFP ?? In 2019, Amazon agreed to buy a 49% stake in Future Coupons, an unlisted subsidiary of Future Group.
AFP In 2019, Amazon agreed to buy a 49% stake in Future Coupons, an unlisted subsidiary of Future Group.

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