,
1. Before we deal with the issue at hand, it may be necessary to recount brief facts. Aggrieved by the sale transaction between Future Retail Limited",
(FRL)ÂReliance Group, Amazon initiated an arbitration proceeding before the Singapore International Arbitration Center (SIAC), in terms of Future",
Coupons Pvt. Ltd. (FCPL)ÂAmazon agreements.,
2. Amazon filed an application for emergency relief with the registrar of the SIAC court of arbitration seeking interim prohibitory injunction to prevent,
FRL and FCPL from taking further steps in the aforesaid transaction with the Reliance group. Parallelly, FRL filed a suit before the Delhi High Court",
in CS(COMM) No. 493 of 2020, against amazon for tortious interference in the scheme for the sale of assets.",
3. Emergency Arbitrator, by order dated 25.10.2020, injuncted FRL from taking any steps to materialize the deal, including injunction against",
proceedings before various Regulatory authorities. However, by order dated 21.12.2020, Delhi High Court came to a conclusion that Regulatory",
authorities had to pass appropriate orders considering the representation of both FRL and Amazon, before granting approvals.",
4. In the meanwhile, CCI and SEBI approved the Scheme following the filing of the FRL suit. Further, FRL filed sanction of the composite Scheme of",
Arrangement under the provisions of Section 230 to 232 of the Companies Act, 2013 before National Company Law Tribunal (NCLT) for its",
consideration on 26.01.2021, which is pending.",
5. Amazon filed a Petition for enforcement of Emergency Arbitrator award before the Delhi High Court on 25.01.2021 in OMP (ENF) (COMM.),
No.17 of 2021. Vide orders dated 02.02.2021 and 18.03.2021, Delhi High Court passed orders inter alia, enforcing the emergency award.",
6. When the matter was carried by Amazon to this Court in SLP (C) No. 2856Â57 of 2021, vide order dated 22.02.2021, this Court allowed the",
NCLT proceedings to continue without culminating in a final order of Sanction of Scheme.,
7. However, as noted earlier, this Court by final order dated 06.08.2021, did not adjudicate the merits of the case and limited its reasoning only to",
answering the legal questions concerning the maintainability of a first appeal against an order of the learned Single Judge in an enforcement,
proceeding.,
8. Aggrieved by the merits of the orders of the learned Single Judge dated 02.02.2021 and 18.03.2021, FCPL and FRL filed appeals directly before",
this Court in SLP (C) No. 13547Â 48 of 2021 and SLP (C) No. 13556Â57 of 2021 respectively.,
This court by interim order dated 09.09.2021, passed the following order:",
“Heard learned senior counsel for the parties at length and carefully perused the material placed on record.,
Issue notice.,
Taking into consideration the submissions advanced by the learned senior counsel for the parties and particularly the fact that the,
parties have approached the Singapore International Arbitration Centre for vacating the Emergency Award passed by the Emergency,
Arbitrator and the arguments in the said matter have been concluded and the order is going to be pronounced shortly, we think it fit to",
balance the interest of both the parties by staying all further proceedings before the Delhi High Court for the time being. Ordered accordingly.,
We further direct to all the authorities i.e. NCLT, CCI and SEBI not to pass any final order for a period of four weeks from today. This",
order has been passed with the consent of both the parties.,
List these matters after four weeks.â€,
(Emphasis supplied),
9. Thereafter, the applications filed by FRL and FCPL for vacating the award of the Emergency Arbitrator was dismissed by the Arbitral Tribunal by",
order dated 21.10.2021. The aforesaid order of the Arbitral Tribunal, rejecting the vacate application, was challenged by FCPL and FRL before the",
Delhi High Court in Arb. Pet. No. 63 of 2021 and Arb. Pet. No. 64 of 2021. The Delhi High Court, while issuing notice in both the matters by orders",
dated 29.10.2021, rejected immediate relief to FRL. Aggrieved by the aforesaid orders, FCPL and FRL have approached this Court in SLP (C) Nos.",
18089 and 18080 of 2021 respectively.,
10. This Court by a detailed order dated 01.02.2022, passed the following order in SLP (C) Nos. 13547Â13548, 13556Â13557, 18089 and 18080 of",
2021 :,
“Leave granted.,
..…….,
“I. Setting aside of impugned orders dated 02.02.2021 (1st impugned Order) and 18.03.2021 (2nd impugned order) in OMP (ENF)(Comm.) No. 17,
of 2021.,
II. Setting aside of 3rd impugned order dated 29.10.2021 in Arb. A. (Comm.) No. 64 and 63 of 2021. The learned Single Judge shall reconsider the,
issues and pass appropriate orders on its own merits, uninfluenced by any observation made herein.â€",
At the time of the arguments of these matters, learned Senior Counsel for the appellants argued vehemently for continuation of",
proceedings before the NCLT during the pendency of the above remanded matters. After reserving these matters, W.P. (C) No. 48 of",
2022 was filed by Future Retail Limited and mentioned before this Bench on 27.01.2022. We are of the opinion that the facts pleaded,
and arguments raised in the writ petition may have a bearing on the above mentioned relief. We, therefore, consider it apposite to",
defer our orders in this context. We will consider this relief at the time of hearing of aforesaid writ petition.,
Post these matters along with W.P. (C) No. 48 of 2022.,
After the pronouncement of this judgment, learned Senior Counsel for the appellant, Mr. Harish Salve sought posting of all these",
matters before one Bench. In view of the prayer made, we request the Chief Justice of Delhi High Court to post all these matters",
S.No.,Process
1,"Pronouncement of Order by NCLT, Mumbai bench
2,Receipt of admission stage order from NCLT
3,Dispatch of Notice/ addendum to Notice
4,"Advertisement of Notice in Newspaper in Form CAAÂ2 (not less than
30 days before the date of meeting)
5,Notice u/s. 230(5) to the regulatory authorities
6,"Filing of requisite documents with ROC, RD and OL
7,"Affidavit to be filed not less than 7 days before the scheduled date of
meetings
8,"Meetings of Shareholders and Creditors
1. First date of the Meetings
2. Last date of Meetings
9,Chairman report in Form CAA.4 to be filed with NCLT
10,"Filing of Petition with NCLT in Form CAA.5 within 7 days of Chairman
Report
11,Admission of Petition and determination of date of final hearing by NCLT
12,"Advertisement in newspaper of final hearing of petition (not less than 10
days before the final hearing)
13,"Notice of final hearing also to be given to the regulators/ objectors from
whom the representation is received
14,"Filing of Affidavit confirming service of notice, publication of
advertisement (at least 3 days before the hearing)
15,Final hearing of petition by NCLT for approval of the scheme
16,"After hearing, passing of final order sanctioning the scheme
