KSRTC FRANCHISEES ASSOCIATION Vs. MANAGING DIRECTOR KSRTC

JUDGEMENT

(1.) Though matter is listed for hearing on Interlocutory Application, by consent of learned counsel appearing for the parties, it is taken up for the final disposal.

(2.) First petitioner is a franchisees Association of KSRTC online reservation. Its object as contended in the writ petition is to serve the public, advice, assist and to represent the Karnataka State Road Transport Corporation(for short 'Corporation') and Tourism Department regarding problems of traveling public and to attend to said problems. Second petitioner is a franchisee who is running a franchisee shop at Mathikere, Bengaluru having been granted said Franchisee by Karnataka State Road Transport Corporation ( for short "Corpn").

(3.) During the year 2004-05 a scheme came to be introduced by the Corporation known and called as "Any Where Any Time Advance Reservation" commonly known and called as "AWATAR" whereunder applicants namely, proposed franchisees are required to apply for grant of franchisee from Corporation as per terms and conditions set out under the scheme. The gist of the scheme is that applicants are required to deposit a sum of Rs.1,00,000/- as security deposit with the Corporation and on being awarded the Franchisee, the applicants enter into a contract with the Corporation to be valid for a period of 5 years and subject to satisfactory performance by the franchisee, same is renewed for further 5 years which is also subject to satisfactory performance. However, at the time of each renewal of the agreement 10% extra deposit is to be paid as additional security deposit by such franchisees.