This court disposed of a writ petition challenging the termination of a BSNL franchise. The court noted the petitioner is aware of the binding arbitration clause and left the matter infructuous without addressing merits.
null
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 8TH DAY OF APRIL 2014/18TH CHAITHRA, 1936
WP(C).No. 5797 of 2014 (Y)
PETITIONER(S):
MADANI ENTERPRISES, T.P.COMPLEX, NEAR MARX BHAVAN, NULLIPPADY, KASARAGOD 671 121, REPRESENTED BY ITS MANAGING PARTNER ILLYAS T.A.
BY SRI.N.N.SUGUNAPALAN,SENIOR ADVOCATE ADV. SRI.S.SUJIN
RESPONDENT(S):
1. THE CHIEF GENERAL MANAGER, TELECOM, BHARAT SANCHAR NIGAM LIMITED, KERALA CIRCLE, THIRUVANANTHAPURAM - 695 033.
2. DEPUTY GENERAL MANAGER, O/O.CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED., SOUTH BAZAAR, KANNUR 670 002.
3. THE GENERAL MANAGER, OFFICE OF THE GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, SOUTH BAZAAR, KANNUR 670 002.
4. SALES HEAD, PROJECT VIJAY, O/O.THE GENERAL MANAGER, TELECOM, BSNL BHAVAN, SOUTH BAZAR, KANNUR 670 002.
5. BHARAT SANCHAR NIGAM LIMITED, CTO BUILDINGS, STATUE, THIRUVANANTHAPURAM 695 033.
R1 TO R5 BY ADV. SRI.PREMJIT NAGENDRAN, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WP(C).No. 5797 of 2014 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 COPY OF THE AGREEMENT DATED 17/9/2012 BETWEEN BSNL AND THE PETITIONER.
EXHIBIT P2 COPY OF THE COMMUNICATION DATED 25/1/2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 COPY OF THE REPRESENTATION DATED 11/2/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P4 COPY OF THE JUDGMENT DATED 20/5/2013 IN WPC NO.11692/2013.
EXHIBIT P5 COPY OF THE PROCEEDINGS DATED 15/6/2013.
RESPONDENT(S)' EXHIBITS:
N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
P.R. RAMACHANDRA MENON, J.
========================
W.P.(C). No. 5797 of 2014
Dated this the 8th day of April, 2014
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“i. Issue a writ of certiorari or any other appropriate writ, order or direction to call for the records leading to Ext.P2 issued by the 3rd respondent and quash the same.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider and pass appropriate orders on Ext.P3 representation duly taking into account all facts and circumstances.
iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to permit the petitioner to continue the franchisee after 28.2.2014, until orders are issued on Ext.P3 representation.”
The learned counsel for the petitioner submits that the
termination of contract given to the petitioner is per se wrong and illegal in all respects and hence the challenge.
out that the matter has virtually become infructuous for the fact
W.P.C. No. 5797 of 2014
-2-
that the termination has already been effected and the new franchisee appointed has commenced work and is pursuing the same for the last one month. The said person is not impleaded in
the party array. It is also brought to the notice of this Court that, the petitioner is very well aware of the remedy available to the petitioner by way of 'Arbitration' in view of Clause '30' of Ext.P1 agreement, which is extracted in paragraph '5' of the writ petition.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
2 issues framed by the court
Whether to entertain a writ petition challenging the termination of a franchise agreement.
The petitioner's remedy by way of arbitration under Clause 30 of the agreement.
Madani Enterprises, represented by its Managing Partner Illyas T.A.
The Chief General Manager, Telecom, Bharat Sanchar Nigam Limited, Kerala Circle
Deputy General Manager
The General Manager, Office of the General Manager, Bharat Sanchar Nigam Limited
Sales Head, Project Vijay
Bharat Sanchar Nigam Limited
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
