AERO CLUB Vs. S C CHOPRA

JUDGEMENT

(1.) This Civil Revision Petition is directed against a judgment and order dated 16/01/2001 passed by the Additional District Judge, Delhi in MCA No.28 of 2000, whereby and whereunder an appeal preferred by the petitioner herein against an order dated 20th December 1999 passed by the learned Civil Judge in an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure (in short "CPC") in Suit No.24/99 directing the petitioner herein to pay the arrears of minimum guaranteed payment @ Rs.20,000.00 per month w.e.f. 1/12/1998 till the date of passing of the said order and continue to pay the same at the same rate till disposal of the main suit was dismissed.

(2.) The basic fact of the matter is not in dispute.

(3.) First petitioner herein is a partnership concern having its place of business at 820, Joshi Road, Karol Bagh, New Delhi, It carries on the business of manufacturing and marketing shoes in India under the brand name "Woodland". It entered into a Franchise Agreement dated 16/12/1995 with the respondent herein; the salient terms and conditions whereof are as under: