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2021 Supreme(Del) 2221

J. R. MIDHA
Amazon Com Nv Investment Holdings Llc – Appellant
Versus
Future Coupons Private Limited & Ors – Respondent


Advocates appeared:
Gopal Subramanium, Advocate, Gourab Banerji, Advocate, Rajiv Nayar, Advocate, Amit Sibal, Advocate, Nakul Dewan, Advocate, Anand S Pathak, Advocate, Amit K Mishra, Advocate, Shashank Gautam, Advocate, Sreemoyee Deb, Advocate, Mohit Singh, Advocate, Harshad Pathak, Advocate, Promit Chatterjee, Advocate, Shivam Pandey, Advocate, Kanika Singhal, Advocate, Saloni Agarwal, Advocate, Didon Misri, Advocate, Vijayendra Pratap Singh, Advocate, Rachit Bahl, Advocate, Roopali Singh, Advocate, Abhijnan Jha, Advocate, Priyank Ladoia, Advocate, Aman Sharma, Advocate, Tanmay Sharma, Advocate, Arnab Ray, Advocate, Vedant Kapur, Advocate, Pawan Bhushan, Advocate, Hima Lawrence, Advocate, Ujwala Uppaluri, Advocate, Mohit Pandey, Advocate, Raka Chatterji, Advocate, Manjira Dasgupta, Advocate, Aishvary Vikram, Advocate, Ambar Bhushan, Advocate, Vinay Tripathi, Advocate, Anushka Shah, Advocate, Neelu Mohan, Advocate, Vikram Nankani, Advocate, Mahesh Agarwal, Advocate, Rishi Agrawala, Advocate, Karan Luthra, Advocate, Pranjit Bhattacharyya, Advocate, Ankit Banati, Advocate, Harish Salve, Advocate, Darius Khambata, Advocate, Somasekhar Sundaresan, Advocate, Ameet Naik, Advocate, Raghav Shankar, Advocate, Aditya Mehta, Advocate, Tushar Hathiramani, Advocate, Abhishek Kale, Advocate, Madhu Gadodia, Advocate, Harshvardhan Jha, Advocate, Arshiya Sharda, Advocate, Rohan Shah, Advocate, Nakul Mohta, Advocate

JUDGMENT

J R Midha, J. - The petitioner has filed this petition under Section 17 (2) of the Arbitration and Conciliation Act, 1996 read with Order XXXIX Rule 2A and Section 151 of Code of Civil Procedure for enforcement of the interim order dated 25th October, 2020 passed by the Emergency Arbitrator.

2. The respondents have raised a legal objection to the maintainability of this enforcement petition on the ground that the Emergency Arbitrator is not an Arbitrator within the meaning of Section 2 (1)(d) of the Arbitration and Conciliation Act; the interim order dated 25th October, 2020 is not an order under Section 17 (1) and, therefore, not enforceable under Section 17 (2) of the Arbitration and Conciliation Act.

3. Respondent No.2 has raised two objections. The first objection is that there is no arbitration agreement between the petitioner and respondent No.2; and the Emergency Arbitrator has misapplied the concept of Group of Companies doctrine to implead respondent No.2. According to respondent No.2, the Group of Companies doctrine applies only in proceedings under Section 8 of the Arbitration and Conciliation Act for transfer of proceedings pending in Court to arbitration where th

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