E-commerce giant Amazon has moved the Delhi High Court for the enforcement of the Emergency Award restraining Future Group from going ahead with its deal with Reliance Retail. (Amazon.com NV Investment Holdings LLC vs Future Coupons Pvt Ltd & Ors).Amazon has also not only sought directions to attach the assets of Future Group companies, Kishore Biyani and other related parties but has also prayed for their detention in civil prison. .According to Amazon, the Emergency Award passed under the SIAC Rules is enforceable under Section 17(2) of the Arbitration & Conciliation Act..In its petition, Amazon has pointed out that the High Court, in its order dated December 21, had prima facie held that the Emergency Award was valid under the Indian law..Amazon has alleged that Future Group, Kishore Biyani as well as other promoters and directors have “deliberately and maliciously” disobeyed the Emergency Award in spite of their participation in the arbitration proceedings..“..by simply ignoring the order and continuing with the impugned transaction is not only contumacious but calls into serious question their respect for enforceability of contracts, the rule of law, and the administration of justice, including the arbitral process government by Part 1 of the A&C Act.”, the petition reads. .Amazon has thus prayed for a direction to injunct Future Group and its officials from taking any steps in furtherance of the deal with Reliance. .Plea is also made to restrain Future Retail from alienating, disposing, transferring or creating encumbrances on its assets..The High Court is also informed that Amazon has already filed an appeal before the Division Bench for the limited purposes of challenging the prima facie observations on the validity of the board resolution approving Reliance-FRL deal and conflation of various shareholding agreement between Future Group companies and Amazon..The petition is filed through P&A Law Offices and AZB & Partners. .The petition is likely to be listed for hearing this week.
E-commerce giant Amazon has moved the Delhi High Court for the enforcement of the Emergency Award restraining Future Group from going ahead with its deal with Reliance Retail. (Amazon.com NV Investment Holdings LLC vs Future Coupons Pvt Ltd & Ors).Amazon has also not only sought directions to attach the assets of Future Group companies, Kishore Biyani and other related parties but has also prayed for their detention in civil prison. .According to Amazon, the Emergency Award passed under the SIAC Rules is enforceable under Section 17(2) of the Arbitration & Conciliation Act..In its petition, Amazon has pointed out that the High Court, in its order dated December 21, had prima facie held that the Emergency Award was valid under the Indian law..Amazon has alleged that Future Group, Kishore Biyani as well as other promoters and directors have “deliberately and maliciously” disobeyed the Emergency Award in spite of their participation in the arbitration proceedings..“..by simply ignoring the order and continuing with the impugned transaction is not only contumacious but calls into serious question their respect for enforceability of contracts, the rule of law, and the administration of justice, including the arbitral process government by Part 1 of the A&C Act.”, the petition reads. .Amazon has thus prayed for a direction to injunct Future Group and its officials from taking any steps in furtherance of the deal with Reliance. .Plea is also made to restrain Future Retail from alienating, disposing, transferring or creating encumbrances on its assets..The High Court is also informed that Amazon has already filed an appeal before the Division Bench for the limited purposes of challenging the prima facie observations on the validity of the board resolution approving Reliance-FRL deal and conflation of various shareholding agreement between Future Group companies and Amazon..The petition is filed through P&A Law Offices and AZB & Partners. .The petition is likely to be listed for hearing this week.