Delhi HC rejects Future’s application for an injunction against Amazon

The Delhi Supreme Court on Monday declined to approve Kishore Biyani’s petition by Future Retail Ltd (FRL) for a restraining order that prevented Amazon from bringing SEBI, CCI, and other authorities over the arbitration order against the sale of Assets to write. The court reserved its sentence for today, November 20th.

On August 29th of this year, Future Group announced the sale of its retail and wholesale business to Reliance Retail for Rs 24,713. It announced plans to merge key group companies such as Future Retail, Future Lifestyle Fashions, Future Consumer, Future Supply Chains and Future Market Networks to form FEL.

However, the Jeff Bezos-led company argued that a 2019 pact signed with Future prevented the Indian company from selling its retail goods to certain parties. It had also won an interim award on the transaction between RIL and the Future Group after a Singapore-based single judge arbitration tribunal suspended the transaction.

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The plea for the future was intended to prevent Amazon from interfering in the Reliance Retail Future Deal on the basis of an injunction from the Singapore International Arbitration Center (SIAC). Amazon had involved Future Retail in an emergency arbitration process for alleged breach of contract.

Meanwhile, the Indian Competition Commission (CCI) approved the Future Reliance deal in November, stating: “The Commission approves the acquisition of the Future Group’s retail, wholesale, logistics and warehouse operations by Reliance Retail Ventures Limited and Reliance Retail and Fashion Lifestyle Limited. ” The online giant had claimed before the IHK that the so-called “temporary injunction” of the emergency arbitrator was binding on the IHK and that the IHK should stop processing the application and not give its approval.

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It should be noted that Future Retail Limited (FRL) is a publicly traded company and Section 230-234 of the Companies Act is a code of its own.

A company and its shareholders / creditors have an unrestricted right to enter into an agreement. The only requirement is that the system be passed with the required majority.

Future Enterprises Ltd reported a consolidated net loss of Rs 320.56 billion for the second quarter ended September 2020 due to lower revenue from operations. The company had a net profit of 21.78 billion rupees in the corresponding quarter a year ago.

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