TATA TELESERVICES LTD. Vs. TIMES COMMUNICATIONS AND ANR.

JUDGEMENT

(1.) PRESENT Revision Petitioners are aggrieved by the order dated 15th March, 2007 of learned Civil Judge (Senior Division), Shimla, copy Annexure P -6, whereby their application, under Section 8 of the Arbitration and Conciliation Act, for referring the dispute raised by respondent No. 1 M/s Times Communications in their suit, instituted in the aforesaid Court, has been dismissed, with the observation that when the agreement gives the right to the present petitioners to approach Civil Court for injunctive relief, such a right should be available to the plaintiff -respondent also.

(2.) DEFENDANTS -petitioners provide tele -services, through franchisees appointed by them. Plaintiff -respondent M/s Times Communications was appointed as a franchisee. An agreement was executed, copy of which is Annexure P -1. As per this agreement, respondent No. 1 was to provide services to customers and subscribers, on behalf of the defendants -petitioner, on certain terms and conditions. Petitioners reserved an absolute right to them to terminate the franchisee agreement, even without assigning any reason. The agreement also provided that in certain specific situations, franchisee could be terminated. Vide communication dated 6th December, 2006, copy Annexure P -2, franchisee in favour of the plaintiff -respondent was terminated and a direction was given to it to hand over the entire material, data, details, accounts, addresses and names of customers, subscribers, etc. immediately.

(3.) I have heard the learned Counsel for the parties and gone through the record.