MANIKATALIA EDUCATIONS PVT. LTD. Vs. AVIRAL DESIGNS

JUDGEMENT

(1.) This is a petition under Section 9 of the Arbitration & Conciliation Act, 1996. Petitioner seeks the following reliefs:

(2.) Petitioner is a private limited company incorporated under the Companies Act, 1956. The respondent No. 1 is partnership firm and respondent No. 2 and 3 are its partners. According to this petition, the petitioner, through its investment in procedures, business, acumen, mythologies, training material, advertising has generated a market for specialized services uniquely of its own in the different fields under the trade name/ mark 'FASHIONISTA' (the school of fashion technology).

(3.) Counsel for the petitioner submits that the franchise granted in favour of the respondent stands terminated and thus the respondent be restrained from using the trademark, 'FASHIONISTA'. Learned Counsel for the respondent submits that while terminating the franchise agreement, the petitioner has failed to adhere to the terms of the agreement between the parties.