liability to the existing members. Accordingly, the loan liability was partly discharged and a sum of Rs.29,95,461/- due and payable to the plaintiff as on 31.03.2018. After the takeover of the management, the defendant along with Ms.Mary Christina Rozario, one of the Directors of the Company, continue the business operations, after the plaintiff resigned from the Directorship on 19.09.2018. The defendant, in spite of continuing business in terms of the franchisee agreement has not paid the Royalty amount of 5% on the gross sale, as per agreement. From March – 2018, a sum of Rs.10,000/- p.m., alone is paid towards part payment of Royalty amount. From the month of March – 2018 to August 2018, a sum of Rs.29,88,291/is the royalty amount payable to the plaintiff. The defendant had wilfully committed default in payment of the same. As per Clause 6.4 of the Franchisee agreement, in case of default in payment of the royalty, the defendant is liable to pay interest at the rate of 12% p.a. That apart, the defendant has violated other terms of franchisee agreement regarding the recruitment and training of personnel in the Franchised outlet. The plaintiff came forward to relinquish his shares in the Company and settle the share value and other dues viz., repayment of loan and arrears of Royalty. In spite of several exchange of notices, the defendant is not ready to settle the https://hcservices.ecourts.gov.in/hcservices/ dues. Therefore, vide letter dated 19.12.2018, the plaintiff terminated the
