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2021 Supreme(Del) 1556

C. HARI SHANKAR
Vidya Mandir Classes Limited – Appellant
Versus
Harsh Tiwary – Respondent


JUDGMENT

C. Hari Shankar, J. - Given the urgency of the matter, short notice had been issued in this petition.

2. Pleadings in this petition had been completed and learned Counsel for the parties have also filed written submissions. They have also been heard at length. Given the nature of the controversy, the Court proceeds to dispose of the matter with the consent of learned Counsel for the parties.

3. This petition, preferred under Section 9 of the Arbitration and Conciliation Act, 1996, ("the 1996 Act"), seeks pre-arbitral interim reliefs.

4. The petitioner provides tutorial and coaching services for students who desire to seek admission to the Indian Institutes of Technology (IITs). The petitioner has been providing these services under the moniker "VIDYAMANDIR CLASSES".

5. On 29th September, 2017, the petitioner and the respondent entered into a Franchise Agreement, whereunder the petitioner granted a license to the respondent to use the brand name "VIDYAMANDIR CLASSES" of the petitioner, and to make use of its teaching material for providing coaching classes to IIT aspirants. The agreement was to remain in force for a period of five years, i.e. till 28th September, 2022. The enti

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