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2023 Supreme(Del) 1192

SANJEEV NARULA
Aviral Education Welfare And Cultural Society – Appellant
Versus
Delhi Public School Society – Respondent


Advocates appeared:
Mr. Amit Sibal, Senior Advocate with Mr. Kamal Gupta, Mr. Sparsh Aggarwal and Ms. Paridhi Bisht, Advocates, for the Petitioners.
Mr. Puneet Mittal, Senior Advocate with Ms. Sakshi Mendiratta, and Mr. Siddharth Saxena, Advocates, for the Respondent.
Mr. Kirti Uppal, Senior Advocate with briefing counsel (appearance not given), for the Applicants in CM APPL. 10847-10848/2023.

JUDGMENT

Sanjeev Narula, J. (Oral)--The instant case revolves around a contentious termination of a Joint Venture Agreement between two educational entities, which has led to disputes over unauthorized trademarks and copyright usage and enforceability of contractual clauses. Briefly put, a Joint Venture Agreement ["JVA"], was executed between Aviral Education Welfare and Cultural Society [Petitioner No. 1 - hereinafter "AEWCS"] and Delhi Public School Society [Respondent - hereinafter "DPSS"], with the aim to establish an English Medium School in Village Teela Shahbazpur, Tehsil Loni, District Ghaziabad. Despite termination of the JVA shortly after its execution, AEWCS continues to operate the `Delhi Public School, Sahibabad' [hereinafter "school"] as a DPSS affiliated school, using DPS name and logos. AEWCS, along with some students enrolled in the school [hereinafter collectively "Petitioners"], have invoked the writ jurisdiction of this Court to annul the termination notice on the ground of arbitrariness and to declare some of the clauses of JVA as unconstitutional. DPSS vehemently opposes petition's maintainability and have also filed a Trademark and Copyright infringement case

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