JUDGMENT :

I.A.10376/2020 (under Order XXXIX Rule 1 and 2 CPC) Brief Facts

1.1 The plaintiff-Future Retail Ltd. (in short 'FRL') has filed the present suit impleading Amazon.com NV Investment Holdings LLC (in short ‘Amazon’) as defendant No.1; Future Coupons Pvt. Ltd. ( in short 'FCPL') as defendant Nos.2; the promoters of the plaintiff (in short 'Biyanis') as defendant Nos.3 to 11, Future Corporate Resources Private Limited (in short 'FCRPL'), Akar Estate and Finance Private Limited (in short 'AEFPL') as defendants No.12 and 13 respectively, and Reliance Retail Ventures Limited (in short 'RRVL') and Reliance Retail and Fashion Lifestyle Limited (in short 'RRFLL' as defendant Nos.14 and 15 respectively (together referred as Reliance) with the following prayers:

(a) Restrain by an order of permanent injunction the Defendant No. 1 (Amazon), their officers, servants, agents, assigns, affiliates, representatives, or any person claiming through or under them, jointly and severally, from interfering in any manner with the Disputed Transaction, including by way of injuncting the initiation or continuation by the Defendant No. 1 (Amazon), their officers, servants, agents, assigns, affiliates, representatives, or any person claiming through or under them, jointly and severally, of proceedings before any court, arbitral tribunal, regulator, statutory authority or otherwise seeking to stay, injunct or in any other manner interdict consideration of Disputed Transaction by the jurisdictional authorities in accordance with law.

(b) Restrain by an order of permanent injunction the Defendant No. 1 (Amazon), their officers, servants, agents, assigns, affiliates, representatives, or any person claiming through or under them, jointly and severally, from taking any steps that would constitute an interference with the steps being taken by the plaintiff to secure the requisite sanctions and permissions for giving effect to the scheme of arrangement and honouring its contractual rights on its contract with Defendant Nos. 14 and 15 including steps by way of relying upon/acting in furtherance of the purported Interim Order dated October 25, 2020 passed by the Emergency Arbitrator;

(c) Restrain by an order of permanent injunction the Defendant No. 1 (Amazon), their officers, servants, agents, assigns, affiliates, representatives, or any person claiming through or under them, jointly and severally, from in any manner seeking any relief or remedy from any court, arbitral tribunal, regulator, statutory authority or otherwise, on the basis that the FCPL SHA, FCPL SSA and the FRL SHA constitute a single integrated agreement/composite transaction;

(d) Pass an order for damages against Defendant No. 1, in addition to the above, to the extent of Rs.100 crores for drawing the Plaintiff (FRL) into unnecessary, frivolous and oppressive litigation alongwith pendente lite and future interest at the rate of 18% per annum;

(e) An order for costs of the suit and the proceedings;

(f) Pass such other orders in favour of the Plaintiff and against the Defendant, which this Hon'ble Court may deem fit and proper in the facts and circumstance of the case and in the interest of justice, equity and good conscience.

1.2 Prayers in the interim application, that is, I.A.10376/2020 (under Order XXXIX Rule 1 and 2 CPC) are identical to prayers (a), (b) and (c) in the plaint.

1.3 At the outset on a query raised by this Court as to whether the parties agree that this application can be finally decided based on the arguments on behalf of the parties without formal counter affidavits, learned counsels for the parties stated that the application be finally decided without formal affidavits based on oral arguments on behalf of the parties. Mr.Harish Salve, learned Senior Counsel appearing for the plaintiff further stated that in the interim application, he is not seeking any anti arbitration injunction or any anti suit injunction but only