KAVIN MOTORS Vs. THE MANAGING PARTNER P SETHILKUMAR

JUDGEMENT

(1.) Heard the submissions of Mr. M. Selvam, learned counsel appearing on behalf of the Revision Petitioner and Mr. K. Sudhakar, learned counsel appearing on behalf of the Respondent. The Petitioner/1st Defendant viz., Kavin Motor is a registered partnership firm, which is established in the year 2015 with the sole object of selling two wheeler vehicles of Yamaha Motor India Private Limited and for sale of spares and services of the vehicle and which is a leading manufacturer of Motor Bike in India. It is also registered with Commercial Tax Department with C.S.T. No. 75759/TN. 33096291268 with effect from 23.02.2015. The petitioner has been appointed as a dealer of India Yamaha Motor Private Limited by letter dated 07.04.2015 and since then, they have been acting as the dealer of the same.

(2.) The case of the respondents is that the first respondent is one of the dealers of the said Yamaha Motors India Private Limited, Dharapuram. When the Yamaha Motors India Private Limited, has decided to set up a new showroom at Dharapuram, the dealership of the 1st respondent was terminated by the Yamaha Motors India Private Limited, on 28.03.2016.

(3.) As the first respondent did not choose to raise the issue with the Yamaha Motors India Private Limited, has filed a suit O.S. No. 131 of 2016, on the file of the Vacation Civil Judge of Tiruppur cum District Munsif, Dharapuram. Along with the said suit, the 1st respondent filed an interlocutory application in I.A. No. 220 of 2016, restraining the defendants therein from establishing, starting and running a new show room and service station for Yamaha Bikes in Dharapuram Taluk.