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Supreme Court of India 2022-02-15 disposed

FUTURE COUPONS PRIVATE LIMITED & ORS vs AMAZON.COM NV INVESTMENT HOLDINGS LLC & ORS

Bench: 3 — N. V. Ramana, A.S. Bopanna, Hima Kohli

In Brief

Future Retail Limited sought to continue proceedings before India's National Company Law Tribunal (NCLT) to obtain approval for its merger with Reliance Group, while Amazon pursued enforcement of an Emergency Arbitrator award blocking the deal. The Supreme Court, after remanding the merits to the Delhi High Court, permitted FRL to apply to the High Court for continuation of the NCLT proceedings. The Court balanced FRL's interests (22,000 employees, imminent insolvency, 6–8 months remaining regulatory steps) against Amazon's enforcement rights, granting liberty to FRL to seek High Court approval while ensuring the High Court would consider all contentions on merits without being pre-empted by the Supreme Court's order.

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Merger and Acquisition Insolvency Arbitration Emergency Relief Interim Order Corporate Restructuring

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