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DELHI HIGH COURT
SANJEEV NARULA
BMW India Private Limited – Appellant
Versus
Libra Automotives Private Limited – Respondent


JUDGMENT

Sanjeev Narula, J. The present petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act') have been filed seeking interim measures to secure the payment of the outstanding amounts alleged to be due and payable by the Respondents jointly and/or severally to the Petitioners. The reliefs sought in both the petitions are against common Respondents. Furthermore, the transaction between the parties under the agreements is inter related and interconnected and gives rise to similar contentions on facts and identical question of law. Thus, both these petitions are being decided by a common judgment.

2. BMW India Pvt. Ltd. [Petitioner in OMP (I)(Comm) 25 of 2019, hereinafter referred to as `Petitioner No. 1'] is engaged in the business of manufacturing, importing, assembling, wholesaling cars to its authorized dealers in India on Principal to Principal basis. BMW India financial services Pvt. Ltd. [Petitioner in OMP (I)(Comm.) 9 of 2019, hereinafter referred to as `Petitioner No. 2'] is licensed as a Non-Banking Financial Corporation under Reserve Bank of India Act, 1934.

3. Libra Automotives Pvt. Ltd. (hereinafter referred to

















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