TRIVENI PATTERN GLASS LTD vs TRIVENI GLASS LTD & ANR.

Judgment text excerpt

$~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th July, 2025 + ARB.P. 442/2025 TRIVENI PATTERN GLASS LTD .....Petitioner Through: Mr. Mukul Gupta, Senior Advocate with Mr. Vibhor Garg, Mr. Sumit Mishra and Ms. Diksha Kakkar, Advocates. versus TRIVENI GLASS LTD & ORS. .....Respondents Through: Mr. Omar Ahmad, Mr. Vikram Shah, Mr. Ishan Gaur, Mr. Simranjeet and Mr. Ritik Kumar Rath, Advocates for R-1. Mr. Arjun Pall, Advocate for R-2. Mr. Tushar Gupta, Advocate for R-3. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This petition is filed on behalf of the Petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) for appointment of a sole Arbitrator to adjudicate the inter se disputes between the parties. 2. Facts to the extent relevant and as averred in the petition are that a Business Transfer Agreement (‘BTA’) was executed between Respondent No. 1 and Navilan Merchants Pvt. Ltd. (‘NMPL’) on 29.03.2019 for sale and transfer of fully operative and functional glass manufacturing and processing Plant located at Kondagudem, West Godawari District, Rajamundry, Andhra Pradesh, as a going concern on ‘as is where is basis’ in terms of the Signature Not Verified Digitally Signed ARB.P. 442/2025 Page 1 of 15 By:KAMAL KUMAR Signing Date:31.07.2025 11:03:34 said BTA along with all current stocks, inventory etc., in the said Plant. Respondent No. 2, the Managing Director of Respondent No. 1, stood as personal guarantor as stated in Article 9.7 of BTA and also executed the BTA on behalf of Respondent No. 1. Parties to the BTA agreed that they will endeavour to ensure that there is no disruption of services, supplies etc. from the date of execution of BTA till closure on 31.08.2019, which date was extende