Always helpful to find solution in commercial matters: Delhi High Court asks Amazon, Future if resolution is possible

The Delhi High Court on Monday asked e-commerce giant Amazon and Kishore Biyani's Future Retail Ltd (FRL) if they were open to resolving their disputes arising out of the latter's deal with Reliance out of court (Amazon.com NV Investment Holdings LLC v. Future Coupons Pvt Ltd & Ors)..While clarifying that the court proceedings would not be halted, a Single Judge Bench of Justice JR Midha suggested that the matter can be referred to two retired Supreme Court judges. ."Both of you tell by tomorrow whether any endeavour can be made...In commercial matters, it is always helpful to find a solution", the Court told the senior counsel appearing for the two companies..While Senior Advocates Gopal Subramanium and Rajiv Nayar for Amazon said that they were agreeable to the suggestion, Senior Advocate Darius Khambata sought time to take instructions. ."For a person you've taken money from, you can at least make an effort to resolve...", the Court remarked.. The Court was hearing Amazon's petition seeking enforcement of the emergency award restraining Future Group from going ahead with the deal with Reliance Retail..As an interim measure, Amazon has prayed that Kishore Biyani and his companies be injuncted from taking any steps in this direction. .Calling the prayer an "abuse", FRL said that in view of the order passed by a Single Judge in its suit in December last year, the Emergency Award could not be enforced. ."Findings have completely negated the Emergency Award. They (Amazon) should have asked the appeal court for a stay but they didn't. They come to this court for enforcement...this is adventurism.", Senior Advocate Harish Salve for FRL stated. .Salve asserted that the Single Judge gave a prima facie view that there was no arbitration agreement between Amazon and FRL and that the Board Resolution approving the transaction with Reliance was valid. ."What the Court is being asked to do is completely contrary to the single judge order", Salve added. .Stressing on the importance of the deal with Reliance, Salve remarked, "Reliance will also acquire the liabilities of FRL as well. Small creditors would be paid. Of course, the American doesn't care, but an Indian court would take this into account...".Amazon has sought the enforcement of its Emergency Award passed under the SIAC Rules under Section 17(2) of the Arbitration & Conciliation Act. It 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..Subramanium will make rejoinder submissions in the case tomorrow. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.