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Disposing of a Special Leave Petition (SLP) seeking resumption of arbitral proceedings between Amazon and Future Retail Limited, the Chief Justice of India Justice NV Ramana today remarked “I hope, I don’t get to hear any other matter pertaining to this dispute during my tenure as the Chief Justice.”
He further informed senior advocates Gopal Subramanium, Ranjit Kumar, Mukul Rohatgi and KV Vishwanathan to appear before him in any matter but this.
On the last date of hearing, the contesting parties had informed the court that they will appear before the tribunal vide an application for termination of the proceedings under Section 32 (2) of the Arbitration and Conciliation Act.
Court had asked the parties to file a joint memorandum stating that they are ready to agitate their plea for termination before the tribunal.
When the matter came up for hearing today, Sr. Adv Ranjit Kumar submitted, “There is a problem with five words in the memo, we wanted the term 'appropriate order' to be used in it however the other side is objecting to it.”
Sr. Adv KV Vishwanathan, appearing for Future Retail, however, submitted that the term 'appropriate order' cannot be used as there is a phraseology.
Court, on hearing the parties, ordered that the parties will approach the tribunal to resume the arbitral proceedings and the tribunal will consider the termination application filed by Future Retail Limited under Section 32 (2) (C) of the arbitration act and pass orders.
Application seeking restraint on transfer of assets transferred to Delhi High Court:
Amazon had earlier filed an application alleging that Future Retail Limited was alienating its assets despite the proceedings before various forums.
During the course of the hearing today, Gopal Subramanium, Sr. Adv, submitted that “the Learned Single Judge of the Delhi High Court has taken over the enforcement application, we will not have to bother this court anymore in this regard.”
Upon hearing these submissions, Court noted that the parties have agreed that the proceedings are underway before the Delhi High Court and thus, this application is also sent for consideration by the Single Judge. Accordingly, the instant SLP was disposed of.
Case title: Amazon Vs Future Retail Ltd.
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