COMMON ORDER

The applicant has approached this Court for the relief of injunction as per Section 9 (ii) (c) (d)(e) of the Arbitration and Conciliation Act, 1996 .

2.The applicant is in the business of of testing, processing, preserving and storage of Umbilical Cord Stem Cells collected at the time of birth of the child. The applicant had centres / branches all over the Country and run on its own and through its own centres and also through independent franchisees. The respondent is one of the franchisees to run the centre at Bengaluru on a non-exclusive basis for a period of three years from 01.10.2016. The parties have entered into a Franchise Agreement dated 01.10.2016 at Chennai. The relevant clauses in the said Agreement pertaining to the present applications are as under:

“Restraints:

Clause 11.3: The Franchisee shall not directly or indirectly contract with the various vendors of the company during the term of this agreement and for a period of two years thereafter. Breach of this clause will be treated as a material breach and the company reserves the right to terminate the agreement and also claim such compensation as it may deem fit from the franchisee in the event of a brea