[Amazon v Future] What’s the point of filing so many volumes, to harass judges? Supreme Court

The Supreme Court on Tuesday frowned upon the excessive filing of documents in the Amazon-Future dispute pending before it (Future Coupons Private Limited v. Amazon.com NV Investment Holdings).

. The Bench of Chief Justice of India NV Ramana and Justices AS Bopanna and Hima Kohli observed,

"...what is the use of all this filing ? What’s the point of filing so many volumes? Is it only to harass judges? What is the point here?"

. The Court was hearing an intervention application filed by Amazon seeking clarification of the apex court order which had stayed proceedings pertaining to the dispute before the Delhi High Court.

CJI Ramana said to Senior Advocate Gopal Subramanium , appearing for Amazon,

"File a separate special leave petition (SLP). Please don’t bring everything in this matter. I don’t want to make a comment on the High Court order. We said something, people are interpreting differently. It's a separate proceeding."

. When Senior Advocate Neeraj Kishan Kaul , appearing for Amazon, told the Court that they had approached the Delhi High Court, the CJI said,

"This is the problem. You file 21 volumes in same case. I am saying this repeatedly...unnecessary things, repetition of documents are here now...Did we ask High Court to not entertain any first proceeding? It was only with regard to that SLP."

Kaul then informed the Bench that after the High Court issued notice in the matter, it was adjourned to January 4.

"How is that our concern if High Court adjourns your case? It is not a case for us to interfere then," the Bench replied.

At this point, Kaul agreed to withdraw the application and approach the High Court.

. With respect to the main matter, the Court ordered,

"Parties directed to file compilation with minimum number of documents. All parties agree to exchange documents and file one common compilation. Matter to be taken up on December 8. Documents to be fully indexed for this court."

. Future Coupons had moved the apex court against a Delhi High Court single judge order which had put on hold Future Group’s deal to sell its retail assets to Reliance Retail.

On September 9, the apex court had stayed the proceedings in the dispute between Amazon and Future Retail Limited pending before the Delhi High Court for four weeks. The Court had also directed the National Company Law Tribunal (NCLT), Competition Commission of India (CCI), and Securities and Exchange Board of the India (SEBI) not to pass any final order in relation to the dispute for four weeks.

. On August 6, the apex court had allowed the appeal filed by Amazon against a Delhi High Court order staying the attachment of properties of Future Group companies and Kishore Biyani in relation to the Future-Reliance deal.

The Court also held that the order of an Emergency Arbitrator of Singapore restraining Future Retail from proceeding with its merger deal with Mukesh Ambani's Reliance Retail is enforceable in India, under Section 17(2) of the Arbitration and Conciliation Act (Arbitration Act).

[Amazon v Future] What’s the point of filing so many volumes, to harass judges? Supreme Court

Debayan Roy

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