LAWS(DLH)-1999-9-12

MARRIOTT INTERNATIONAL INC Vs. ANSAL HOTELS LIMITED

Decided On September 13, 1999
MARRIOTT INTERNATIONAL INC. Appellant
V/S
ANSAL HOTELS LIMITED Respondents

JUDGEMENT

(1.) The petitioners have entered into a number of agreementswith the respondents, for the construction of a Five Star Hotel at Saket, New Delhi. Itis alleged by the petitioners that during the pendency of the agreement, the respondentshave entered into an agreement with ITC, in total contravention of the agreements withthe petitioners. It is further alleged that the petitioners' agreements with the respondents are subsisting and without requisite notice of termination, the respondents haveentered into an agreement with ITC, which is in contravention with the respondentsagreement with the petitioners. Consequently, respondent No. 1 be restrained fromterminating the Technical Services Agreement, Hotel Operating Agreement, AdvisoryServices Agreement, License and Royalty Agreement, Pre-Opening Technical Assistance Agreement & International Sales and Marketing Agreement dated 8/03/1997.

(2.) It is also prayed that the respondents be restrained from entering into anyagreement for provision of technical services for the Hotel with any third party, otherthan petitioner No. 2 or its affiliates.

(3.) It is further prayed in the petition that the respondents be restrained fromdisclosing or parting with the confidential information in violation of confidentialityclause contained in the agreement. It is also prayed that the respondents be directed torestore immediately the "Marriott" banner and sign-board at the construction site ofthe Hotel and direct the respondents to effect payments to petitioner No. 2 as requiredunder the terms of TSA dated 8.3.1997.