Amazon has filed an appeal before a Division Bench of the Delhi High Court challenging the observations made by Justice Mukta Gupta while adjudicating on its dispute with Future Retail.

According to sources, Amazon has challenged certain prima facie observations made by Justice Gupta on the merits of the case in the arbitration proceedings, which are inconsistent with the findings contained in the emergency award (EA) order by SIAC. “The prima facie observations contained in the Impugned order effectively resulted in allowing FRL to collaterally bypass the EA Order,” Amazon has said in its appeal.

Amazon said that Future has been relying on these prima facie observations to misconstrue the true import of the impugned order “in an effort to mislead regulators to grant approval to the potential transaction (with Reliance), which has constrained the Appellant (Amazon) to file the present appeal to quash and set aside the prime facie observations as set out in detail in the appeal.” it said.

Future and Amazon are at loggerheads over the Indian retail company's ₹25,000-crore deal with Reliance Industries Ltd.

A person close to the developments said the appeal was filed and accepted on Monday morning. “The matter may be listed for January 13, sources said.”

In general cases, an appeal lies in the Supreme Court by way of a Special Leave Petition (SLP). However four presidency High Courts have the provision of a ‘letter patent appeal’ to be filed before a two-judge appellate Bench in civil matters.

The person added that it was Amazon’s choice to not appeal in the SC at this stage. This appeal will make Amazon’s case stronger to block the slump sale of assets to RIL. “This will be a double whammy for Future Retail (FRL) as it will have to battle against Amazon at Singapore International Arbitration Centre and at the Delhi High Court, too.”

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