2 min read.Updated: 23 Nov 2021, 11:37 PM ISTUtkarsh Anand
The SC bench headed by CJI N.V. Ramana said the companies should avail their remedies separately
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The Supreme Court on Tuesday asked Amazon not to mix up the matters arising out of orders of other courts and tribunals with the main challenge pending before it on the proposed sale of Future Group’s retail assets to Reliance Industries.
A bench headed by Chief Justice of India N.V. Ramana observed that the companies involved in the legal wrangle should institute cases separately against different orders of the courts—not everything related to Amazon and Future would be heard in the same batch of cases. “Don’t bring everything in this batch of cases. You avail of your remedies separately," the bench, which also included justices A.S. Bopanna and Hima Kohli, told Amazon’s lawyer Gopal Subramanium. It was hearing the clutch of cases relating to Future Group’s $3.4 billion sale of retail assets to Mukesh Ambani-led Reliance Industries.
Amazon had challenged a 16 November order of the Delhi high court by moving an application in the main case. By this order, the HC expedited the proceedings before the Competition Commission of India (CCI) that had in June issued a show-cause notice to Amazon over the revocation of the approval given to the company for the investment transaction with Future Coupons Pvt. Ltd.
The SC bench said that this issue required a separate hearing. “CCI is a separate forum. Some PIL, some petition (was) filed and the high court passed some order. Right or wrong, we will see separately. But that can’t be heard with these cases," the bench told Subramanium.
It also observed that the apex court’s 9 September order asking the Delhi HC not to proceed with the Amazon-Future case was confined to the proceedings already initiated before it by the Future Group and Amazon. “Read our order. It is being treated as a gag order. Did we ask the high court not to hear anything? We only passed the order confined to proceedings pending before us. Will we hear all Amazon cases here now? That was never the intent or language of our order," added the bench.
At this, Subramanium apprised the bench that Amazon has also filed a special leave petition separately against the Delhi HC order of 16 November. The lawyer said he would withdraw the application and would rather argue the substantial petition against the HC order. The bench allowed Amazon to withdraw the application and agreed to list the petition against the Delhi HC order on Thursday.
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