Act for grant of protection during pre-arbitration stage, as prayed by petitioner, the Franchisee Agreement clearly shows that petitioner is the owner of brand ‘FARZI Cafe’ and petitioner has appointed the respondent be the exclusive franchisee of the franchisor in Hyderabad at the licensed premises for marketing and selling the franchisor’s products and services under trade name ‘FARZI cafe’ during the subsistence of the Agreement. It is evident from documents on record that Franchisee Agreement has already been expired by efflux of time and despite the expiry of Franchisee Agreement and without existence of valid renewal or extension in accordance with the clause 9 of the Agreement, the respondent continued to operate Franchisee under the brand name ‘FARZI Cafe’ which prima facie constitute breach of provisions of the Agreement. The petitioner has made out a prima facie case in its favour and balance of convenience also lies in favour of the petitioner and against the respondent. In considered opinion, this court, therefore, passed an interim order in the form of prayer (a) and (b) made in the petition. In so far as relief sought in the form of prayer (b) and (c) made in the petition is concerned that may be determined through the arbitration process, no prima facie case is made out and hence rejected.”
