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2023 Supreme(Del) 2268

NEENA BANSAL KRISHNA
Parsoli Motors Works Pvt. Ltd. – Appellant
Versus
Bmw India Pvt. Ltd – Respondent


Advocates appeared:
Kunal Tandon, Ms. Richa & Ms. Hita Sharma, Advocates, for the Petitioner.
Diwakar Maheshwari, Aditya V. Singh & Shreyas, Advocates, for the Respondent.

JUDGMENT

Neena Bansal Krishna, J. The petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A&C Act, 1996") has been filed on behalf of the petitioner seeking appointment of Arbitrators.

2. Facts in brief, are that the petitioner is a Private Company and is engaged in the business of selling and servicing of BMW vehicles. The respondent No. 1, Company is engaged in the business of manufacture and dealership of BMW vehicles. The respondent No. 2 is the sister concern of the respondent No. 1, Company and is engaged in the business of providing services ancillary to the sale of the vehicles by the respondent No. 1.

3. It is submitted that the respondent Nos. 1 and 2 are directly or indirectly wholly owned subsidiaries of Bayerische Motoren Werke (BMW) AG, having its registered Office at Bayerische Motoren Werke Aktiengesellschaft Petuelring 130D-80788, Munich, Germany.

4. The petitioner and the respondent No. 1 entered into two separate contracts, namely the Dealership Agreement for the sale of BMW vehicles in the State of Gujarat in 2007 and the Deferred Payment Facility Agreement (DPFA) dated 15th November, 2010. From time to time, ne

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