Petitioner franchisee withdrew a writ petition arising from a franchise agreement containing an arbitration clause. The court granted permission to withdraw and dismissed the petition.
Permission granted to withdraw the writ petition; petition dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939
WP(C).No. 2015 of 2018
PETITIONER(S)
XENON COMMUNICATIONS, REPRESENTED BY MANAGING PARTNER, SIJUMON. P.L., PALATHINGAL BUILDING, PALLITHAZHAM, MULANTHURUTHY, ERNAKULAM, PIN-682 314.
BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE.
ADV. SRI.S.SUJIN.
RESPONDENT(S):
1. THE DIVISIONAL ENGINEER, PROJECT VIJAY, BHARATH SANCHAR NIGAM LTD, BSNL BHAVAN, KALATHIPARAMBU ROAD, ERNAKULAM, PIN-682 016.
2. THE PRINCIPAL GENERAL MANAGER, BHARATH SANCHAR NIGAM LTD, BSNL BHAVAN, KALATHIPARAMBU ROAD, ERNAKULAM, PIN-682 016.
3. THE CHIEF GENERAL MANAGER, BHARATH SANCHAR NIGAM LTD, KERALA CIRCLE, PGM JUNCTION, THIRUVANANTHAPURAM, PIN-695 033.
BY SRI.PREMJIT NAGENDRAN, SC. SRI.MATHEWS K.PHILIP, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs. 23/02/2015.
SHAJI P. CHALY, J.
W.P.(C). No. 2015 OF 2018
Dated this the 21st day of February, 2018
JUDGMENT
Petitioner is a franchisee of the respondents for the
area territory by name Thripunithura. A franchisee agreement is executed by and between the parties in which the parties have agreed that if and when any dispute touching upon the agreement, will be decided by resorting to arbitration under the Arbitration and Conciliation Act, 1996. As per Clause 30 of Ext.P1, it is evident that there is a valid arbitration clause existing. Since, there is a valid arbitration clause by and between the parties and there is a material dispute existing evident from the respective pleadings put forth by the parties, petitioner will have to seek necessary remedies in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
W.P.(C). No. 2015 OF 2018
2
permission to withdraw the writ petition. Permission is granted. All the questions of facts and law raised in this writ petition are left open.
Writ petition is dismissed as withdrawn.
sd/-
SHAJI P. CHALY JUDGE
DCS
//True Copy//
P.A. to Judge
XENON COMMUNICATIONS
THE DIVISIONAL ENGINEER, PROJECT VIJAY, BHARATH SANCHAR NIGAM LTD
THE PRINCIPAL GENERAL MANAGER, BHARATH SANCHAR NIGAM LTD
THE CHIEF GENERAL MANAGER, BHARATH SANCHAR NIGAM LTD
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
