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2016 Supreme(HP) 2237

SURESHWAR THAKUR
Ice Cream Garden – Appellant
Versus
Graviss Foods Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs :Mr. Mohit Thakur, Advocate.
For the Defendant :Mr. K.D.Sood, Sr. Advocate with Ms. Ranjana Chauhan, Advocate.

JUDGMENT :

Sureshwar Thakur, J.

The plaintiffs instituted a suit against the defendant for recovery of the expenses incurred and damages suffered by them arising from the act of the defendant stopping to that too in the peak season of 2010-11 supply to the plaintiffs the stock of ice-cream agreed to be supplied by the defendant to the plaintiffs under a franchise agreement executed inter se both on 24.04.2011. It stands averred in paragraph 4 of the plaint of the franchise agreement though standing entered into inter se the parties at lis on 24.04.2011 yet it being made applicable for six months w.e.f. 25.10.2010. Moreover, a perusal of the relevant clause 2.1 of the apposite franchise agreement reveals of its being effective for a period of six months computable from 25th October, 2010 whereafter it being open to be renewed for a further period of five years. The franchise agreement stood unrenewed interse the franchiser and the franchise yet as apparent on a reading of the averments constituted in paragraph 7 of the plaint of given the defendant/applicant on the intervention of Sh. Sunil Khanna purveying to the plaintiffs/non applicants stock of ice cream in the year 2013 supply wh

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