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Delhi High Court - Orders

Amazon.Com Nv Investment Holdings Llc vs Signature Not Verified Digitally ... on 14 July, 2022

Author: Najmi Waziri

Bench: Najmi Waziri, Swarana Kanta Sharma

                              $~1 (Special Bench)
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    FAO(OS) (COMM) 7/2021, CM APPL. 1301/2021, CM APPL.
                                   1302/2021 & CM APPL. 1305/2021
                                   AMAZON.COM NV INVESTMENT HOLDINGS LLC..... Appellant
                                                    Through:   Mr. Gopal Subramanium, Mr. Rajiv
                                                               Nayar, Mr. Gourab Banerji, Mr. Amit
                                                               Sibal, Mr. Nakul Dewan, Mr. Gaurav
                                                               Bhatia, Senior Advocates with Mr.
                                                               Anand S Pathak, Mr. Amit Mishra,
                                                               Mr.     Shashank    Gautam,     Ms.
                                                               Sreemoyee Deb, Mr. Vijay Purohit,
                                                               Mr. Mohit Singh, Ms. Devna Arora,
                                                               Ms. Anubhuti Mishra, Ms. Samridhi
                                                               Hota, Mr. Shivam Pandey, Ms. Nikita
                                                               Bangera, Mr. Pratik Jhaveri, Ms.
                                                               Didon Misri, Mr. Faizan Mithaiwala,
                                                               Mr. Vijayendra Pratap Singh, Mr.
                                                               Rachit Bahl, Ms. Roopali Singh, Mr.
                                                               Abhijnan Jha, Mr. Priyank Ladoia,
                                                               Mr. Tanmay Sharma, Ms. Vanya
                                                               Chabbra, Mr. Arnab Ray, Mr.
                                                               Shaurya     Mittal,  Mr.    Abhisar
                                                               Vidyarthi, Mr. Chetan Chawla, Ms.
                                                               Bhagya      Yadav,    Mr.     Aman
                                                               Chaudhary, Mr. Kartik Nayar, Mr.
                                                               Pawan Bhushan, Ms Hima Lawrence,
                                                               Ms. Ujwala Uppaluri, Mr. S.P.
                                                               Mukherjee, Mr. T.S. Sundaram, Mr.
                                                               Vinay Tripathi, Ms. Anushka Shah,
                                                               Ms. Neelu Mohan, Ms Manjira
                                                               Dasgupta, Mr. Abhinav Deshwal and
                                                               Mr. Digant Mishra, Advocates.


                                                    versus


Signature Not Verified
Digitally Signed By:KAMLESH
KUMAR
Signing Date:19.07.2022
11:34:41
                                     FUTURE RETAIL LIMITED & ORS                            .... Respondents
                                                       Through:     Mr. Ritin Rai, Senior Advocate with
                                                                    Mr. Ameet Naik, Ms. Madhu
                                                                    Gadodia, Mr. Abhishek Kale, Mr.
                                                                    Harshvardhan Jha, Mr. Pankaj Patel,
                                                                    Ms. Ritika Sinha, Ms. Drishti Rajain
                                                                    and Ms. Arshiya Sharda, Advocates
                                                                    for R-1.
                                                                    Mr.    Dayan      Krishnan,    Senior
                                                                    Advocate with Mr. Rishi Agrawala,
                                                                    Mr. Pranjit Bhattacharya, Mr. Sukrith
                                                                    Seth and Mr. Saneevi Sheshadri,
                                                                    Advocates for R-2 to R-13.

                                    CORAM:
                                    HON'BLE MR. JUSTICE NAJMI WAZIRI
                                    HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                      ORDER

% 14.07.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. Mr. Gopal Subramanium and Mr. Rajiv Nayar, the learned Senior Advocates for the appellant submit that the expectation and hope as recorded on 23.05.2022 has not been redeemed. The appellant feels disappointed insofar as reliance has been placed by the respondents in a pending case, upon the observations in the impugned order, which are the subject matter of this appeal. The appellant feels that such reliance could well prejudice their motion for enforcement of the arbitral award and other related proceedings initiated by them.

2. Since the observations in paragraphs 7.6 to 7.18, 9.1 to 11.22 and 12.3 of the impugned order are under examination before this court, it would be prudent that the parties do not refer to the said paragraphs Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:19.07.2022 11:34:41 till the issues are adjudicated in these proceedings.

3. In view of the above, the learned Senior Advocate for the appellant undertakes that he will seek an adjournment in the proceedings pending before the learned Single Judge.

4. At the respondents' request, list for arguments on 27th & 28th, July, 2022.

NAJMI WAZIRI, J SWARANA KANTA SHARMA, J JULY 14, 2022 RW Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:19.07.2022 11:34:41