MANISH Vs. SANDEEP

JUDGEMENT

(1.) THIS is a revision by the defendant challenging the appellate order by which the plaintiffs application for temporary injunction has been allowed and the defendant has been restrained from conducting "same or similar courses" as those covered by the agreement for a period of "six months" after setting aside the order of the Trial Court which had refused to grant this interim relief.

(2.) IT is not in dispute that the plaintiff is the proprietor of "professional Tutorials" and there was agreement dated 30-4-1998 between him and the defendant by which the latter was granted the franchise for the use of "p. T. Training Courses" at Bhopal. It is stated in the agreement that the plaintiff has developed and conducts training courses called "p. T. Training Services" which include instruction methodology, courseware, operational systems, methods and all associated expertise. The franchisee was allowed to have access to use P. T. Services for providing training to end users at Bhopal. The franchisee agreed to strictly abide by copyright restriction, regarding use and reproduction of courseware and any other written material supplied by the franchiser. The franchisee agreed not to conduct directly or indirectly training courses similar to those covered under the agreement. There was further stipulation in Clause 5 (b): "following expiry or termination of this agreement, by whatever reason, the franchisee agrees not to conduct 'the same or similar courses' directly or indirectly, as those covered under this agreement, for a period of six months". This agreement was for three years. It was renewed for four years from 1-5-2001 on the same terms and conditions. The agreement could be terminated on three months' notice by either party. The defendant terminated the contract on 19-1-2002 by sending an E-mail to the plaintiff. There was no three months' notice as provided in the agreement.

(3.) THE plaintiffs case is that the defendant has started similar courses in the name of "path Finder" from January, 2002 and diverted the students of Professional Tutorials to those classes. The plaintiff has filed the civil suit seeking the relief that the defendant should be restrained from doing so. In this suit the application for temporary injunction has also been filed praying for the same relief.