Future-Amazon: HC stays recent order upholding emergency award

The court was approached on the grounds that the asset sale violated a contract that Kishore Biyani entered with Amazon.

New Delhi: The Delhi High Court on Monday stayed the recent single bench order upholding the Singapore Emergency Award (EA) and stalling Future Retail from going ahead with the Rs 24,713 crore deal with Reliance Retail.

Chief Justice D.N. Patel and Justice Jasmeet Singh also stayed Rs 20 lakh fine and the show cause notice to the Biyanis seeking to know why they should not be kept in civil detention.

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The court was hearing Future’s appeal against the Single Judge order favouring the enforcement of Emergency Award against its deal with Reliance.

On March 18, Justice J.R. Midha had restrained Future Retail from going ahead with deal with Reliance on Amazon’s petition. It was a big win for Jeff Bezos-led company.

The Future Group was embroiled in a legal battle with Amazon since January, when the latter moved the Delhi High Court challenging Future Group’s asset sale to RIL.

The court was approached on the grounds that the asset sale violated a contract that Kishore Biyani entered with Amazon.

It had alleged that Future Group’s Kishore Biyani as well as other promoters and directors were “deliberately and maliciously” disobeying the Emergency Award in spite of their participation in the arbitration proceedings.

In the order, Justice Midha rejected Future Group’s argument that the Emergency Award is a nullity and imposed costs of Rs 20 lakh on it, which is to be deposited with the Prime Minister Relief Fund.

The court held that Future Retail, Future Coupons, Kishore Biyani and others “violated” the award. A show cause notice was also issued to Biyani and others on why they should not be detained in civil prison. The judge had directed Future Group to not take any further action in furtherance of the deal with Reliance.

The court had also directed attachment of Biyani’s assets. The Future Group has also been asked to record all actions taken by it in connection with the Reliance deal.