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2005 Supreme(Del) 430

S.K.AGARWAL
GEEP BATTERIES (INDIA) PVT. LTD – Appellant
Versus
GILLETTE INDIA LTD – Respondent


Advocates Appeared:
Amar Gupta, Manmohan, MANMOHAN SINGH, Valmiki Mehta, VIVEKANANDA SVAMY

S. K. Agarwal, J.

( 1 ) BY this petition under Section 9 of the Arbitration and conciliation Act, (for short the Act ) M/s. Geep Batteries (India) Pvt. Ltd. (hereinafter referred, as petitioner/buyer ) has prayed for an interim injunction restraining M/s. Gillette India Ltd. (hereinafter referred as respondent/ seller ), from disposing of or alienating or encumbering its Intellectual Property assets, covenanted to be transferred to the petitioners, in terms of agreement dated 28. 12. 2002.

( 2 ) FACTS essential for disposal of this petition are as follows -The respondent (seller) is engaged, inter alia in the business of manufacturing and distribution of blades, razors, toiletries, dry cell batteries, oral care products and small electrical appliances. In 1998 the respondent acquired Geep business, comprising geep brand name and Distribution Network from M/s. Shervani Industrial syndicate Ltd. (hereinafter "sisl" ). They also entered into a long term sourcing agreement with SISL, for supply of flashlights and some other special batteries. They have also been sourcing certain batteries from Gillette Diversified operation Pvt. Ltd. (hereinafter GDOPL ) at Mysore. The respondent ag













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