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Gopal Subramanium, Sr. Adv, appearing for Amazon yesterday, told the Supreme Court that the talks of settlement between Amazon and Future group of companies have failed. He further informed the court that the Reliance group has been taking over the assets of Future Retail limited despite the orders of the court.

He said, “Now leases (of Future stores) have been changed and Reliance has become the landlord. If a party knows about the injunction and even then violates it, then he is equally to be proceeded against obstruction of justice. Please hear these matters.”

The above arguments were made before a bench headed by Chief Justice of India Justice NV Ramana and Justices Bopanna and Hima Kohli in Amazon’s plea challenging Delhi High Court order staying proceedings before Singapore International Arbitration Centre (SIAC) in proceedings relating to Amazon’s investment in Future Coupons.

Harish Salve, Sr. Adv., appearing for Future Coupons submitted, “Rents have not been paid for 2 years. Landlords terminated leases and we had no money to pay them. Reliance signed up with landlords. We were in no position to pay. We are broke, we have no money. Amazon is driving us to the knees. That is where we find ourselves. A large amount today is owed to Reliance.”

Salve also informed the court that a discussion took place between the parties but it failed despite an offer being made to Kishore Biyani, the chairman of Future Group.

The CJI at this point remarked that the proceedings before the Arbitrator did not yield any results and if the court continues to adjourn the matter, it would amount to the court taking a lenient view.

Subramanium also pointed out that Reliance has filed a disclosure in the Stock Exchange evidencing the take over of Future’s stores. Salve said, “Not a single store has been surrendered. Reliance came and overnight removed the boards as law permits. Only the lease and license agreement has been forfeited. This litigation has driven us to bankruptcy.”

The court on hearing the parties asked Amazon to file an application laying out the reliefs that they are seeking from the court and Future to reply to the same by tomorrow. The matter has been listed for hearing tomorrow.

On the last date of hearing the Supreme Court on amazon’s submission mooted for resolution of disputes between the parties by holding talks.

Case title: Amazon Ltd Vs Future Coupons