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2022 Supreme(Del) 671

VIBHU BAKHRU
Coldsmiths Retail Services Private Limited – Appellant
Versus
Nirulas Corner House Private Limited – Respondent


Advocate Appeared:
For the Appellant :Mr Nakul Dewan, Mr Dhirendra Negi, Mr Sidharth Sethi, Mr Rohan Naik and Mr Avinash Das, Advocates.
For the Respondents:Mr Mudit Sharma, Ms Nandini Sharma and Mr Ajay Pratap Singh, Advocates.

JUDGMENT :

VIBHU BAKHRU, J

1. These are petitions filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the A&C Act’) seeking interim measures of protection.

2. The disputes between the parties arise in relation with the Business Transfer Agreement dated 21.12.2017 (hereafter the ‘Business Transfer Agreement’); Deed of Assignment dated 04.01.2018 (hereafter the ‘Deed of Assignment’); and, other Agreements (hereafter collectively referred to as ‘Transaction Documents’).

3. The Business Transfer Agreement was executed between Coldsmiths Retail Services Private Limited (hereafter ‘Coldsmiths’), Nirulas Corner House Private Limited (hereafter ‘Nirulas’) and certain individuals/entities mentioned in Schedule I to the Business Transfer Agreement (referred to as “Promoters” in the Business Transfer Agreement). In terms of the Business Transfer Agreement, Nirulas transferred certain business (referred to as “Transferred Business” in the Business Transfer Agreement) including all assets and liabilities relating thereto, to Coldsmiths.

4. Nirulas and Coldsmiths also

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