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(g) the costs of this Application be part of the costs of this
Arbitration.”
2.6. The Biyani Group thereafter went ahead with the impugned
transaction, describing the award as a nullity and the Emergency Arbitrator
as coram non judice in order to press forward for permissions before
statutory authorities/regulatory bodies. FRL, consistent with this stand, did
not challenge the Emergency Arbitrator’s award under Section 37 of the
Arbitration Act, but instead chose to file a civil suit before the Delhi High
Court being C.S. No. 493 of 2020, in which it sought to interdict the
arbitration proceedings and asked for interim relief to restrain Amazon from
writing to statutory authorities by relying on the Emergency Arbitrator’s
order, calling it a “tortious interference” with its civil rights. A learned Single
Judge of the Delhi High Court, after finding a prima facie case of tortious
interference, then refused to grant any interim injunction as follows: