Amazon proposes talks with Future 

Supreme Court adjourns case to March 15, giving Future time to take a call. It will be good for business for all of you to resolve the issue, says apex court

March 03, 2022 04:08 pm | Updated March 04, 2022 12:16 am IST - NEW DELHI

Future Retail’s merger with Reliance has been disputed by Amazon.

Future Retail’s merger with Reliance has been disputed by Amazon. | Photo Credit: Reuters

The Amazon-Future group dispute over a ₹2,4731–crore merger deal with Reliance took an unexpected turn in the Supreme Court on Thursday when the U.S.-based e-commerce giant proposed talks to possibly end the quarrel. A Bench led by Chief Justice N.V. Ramana adjourned the case to March 15, giving Future time to take a call on the Amazon’s proposal. The apex court did not pass any orders on Amazon’s plea for ‘withholding’ proceedings in the company law tribunal and the Delhi High Court in connection with the dispute. “He [Amazon] is willing to talk. It is for you to take a call. We are not passing any orders now. We will simply adjourn. You work out what gentlemen’s understanding you can reach... It will be good for business for all of you to resolve the issue... If you can find out a solution, tell us, otherwise we will proceed,” Chief Justice Ramana addressed senior advocates Harish Salve and Mukul Rohatgi, for Future companies. Mr. Salve said he would consult his client about the proposal for talks. He prima facie agreed that it would be in “everybody’s interest if we can find a way to break the logjam... As far as the conversation is concerned, three large business houses are in play here, and if they cannot resolve, nobody can”. The senior advocate said the “Amazon God” could have picked up the phone and given a call if they wanted a conversation. The CJI said there were three options ahead in the case. One, get an early hearing before the tribunal. Two, in case the parties opt for talks, the apex court could fix dates, fix a forum or even have a person like a retired judge to conduct it. Three, if the parties want to hear the case on merits, they do so. “Let us at least have a conversation... An effective conversation,” senior advocate Gopal Subramanium, for Amazon, said. However, Mr. Subramanium suggested withholding the proceedings in the High Court and the tribunal, saying they may queer the pitch for the talks. But Mr. Rohatgi objected saying his client was “sitting on an injunction” with regard to the scheme for sale of its assets. There is a debt of ₹27,000 crore against him. He said his client may not be able to afford a delay if the talks fail. Both Mr. Salve and Mr. Rohatgi verbally assured the Bench that there was no reason to stop the proceedings in the High Court and the tribunal as no orders were expected in them, at least for the next 10 days. On February 15, the Supreme Court had granted Future Retail Limited (FRL) liberty to approach the Delhi High Court seeking permission to resume proceedings before the National Company Law Tribunal (NCLT) in connection with its ₹2,4731-crore merger deal with the Reliance group. The deal is disputed by Amazon. The apex court had requested the Single Judge of the Delhi High Court “to consider all the contentions raised by the parties in this regard and pass appropriate order as to continuation of the NCLT proceedings beyond the stage and other regulatory approvals expeditiously, uninfluenced by any observations made herein.”

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