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2006 Supreme(Del) 1843

A.K.SIKRI
J. T. THANAWALA – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
Sanjeev Sindhwania, U.L.WATWANI


A. K. SIKRI, J.

( 1 ) THESE petitions arise out of the same transaction and are, therefore, heard and disposed of by this common order. For the sake of convenience, the facts of Crl. M. C. Nos. 4983-87/2006 are mentioned below:

( 2 ) THE respondent No. 2 entered into an Asset Purchase Agreement dated 28. 12. 2002 with the petitioner No. 5 herein, Geep Batteries (India) Pvt. Ltd. , for sale of its business of batteries, torches and flash light under the brand name 'geep'. They also entered into a supplementary agreement dated 19. 9. 2003 in respect of transfer of inventory, etc. Various post-dated cheques were issued to the respondent No. 2 on behalf of the petitionerno. 5. The total consideration involved in these two agreements was approximately Rs. 40 crores out of which Rs. 36 crores has admittedly been paid by the petitioner No. 5. Subsequently, certain disputes arose between the parties and the petitioner No. 5 issued 'stop Payment' instructions to its bankers in respect of the remaining post-dated cheques. On the threats extended by the respondent No. 2 for cancellation of the agreement and disposing of the intellectual property assets, the petitioner No. 5 filed a petition













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