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2018 Supreme(Del) 773

YOGESH KHANNA
Tupperware India Private Ltd. – Appellant
Versus
Veena Walia – Respondent


Advocates Appeared:
For the Petitioners: Mr. Vikas Goel, Mr. Abhishek Kumar, Ms. Arushi Gupta.
For the Respondent: Mr. K.R. Chawla, Mr. Sunil Verma.

JUDGMENT :

YOGESH KHANNA, J.

1. The petitioner is engaged in the business of manufacture of tupperware products and the respondent is the distributor thereof. The Distributor Agreement was entered into between the parties on 11th June, 1999 and the relevant clauses are clause 4 and clause 20 reproduced herein:

“Clause 4

DURATION

Notwithstanding the date of signature of this Agreement, the Agreement shall be deemed to have commenced on the commencement date. The Agreement shall remain in force for a period of twelve months thereafter. On the expiry of the aforementioned period it shall be automatically renewable by further periods of twelve months at a time. However, it is the understanding of the Parties that the total duration of this Agreement shall not exceed thirty six months after which the Parties, if they so desire may enter into a fresh Distributorships Agreements in writing at the terms and conditions contained therein. Notwithstanding anything contained hereinabove, during the terms of the Agreement either party is not desirous of automatically renewing the Agreement for a further period of twelve months it may give a written notice of its intention at least one month prior to





























































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