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2021 Supreme(J&K) 600

TASHI RABSTAN
Supinder Kour – Appellant
Versus
MDN Edify Education Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Vikram Sharma; Sachin Dev Singh.
For the Respondent: Rajesh Ranjan.

JUDGMENT :

1. The instant appeal has been preferred by the petitioner under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') against the order dated 29.02.2020 passed by the learned 2nd Additional District Judge, Jammu, whereby the court below without touching the merits of the case dismissed the petition of appellant herein filed under Section 9 of the Act on the ground that it lacked jurisdiction to adjudicate upon the matter. Before the court below, the petitioner-appellant herein was seeking to grant temporary prohibitory injunction restraining the respondents from appointing a new Master Franchisee of DRS-Kids for the UT of J&K in place of petitioner-appellant herein as well as from interfering in petitioner's functioning as Master Franchisee of DRS-Kids for whole of erstwhile State of J&K.

2. The facts-in-brief are that an agreement of franchisee dated 06.12.2007 was entered into between the petitioner and the DRS Vidya Samiti, a society incorporated under the Society Act, whereby, the appellant agreed to be appointed as franchisee of the DRS Vidya Samiti to establish and operate pre-school under the brand name "DRS Kids" within 3

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