- (1.) HEARD the learned counsels for the parties at length, on the application seeking interim injunction pending the civil misc. appeal.
(2.) THE appellant -applicant has filed the Civil Misc. Appeal being No.1107/2013 under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the said Act "), challenging the order dated 07.03.2013 passed by the Additional District Judge No.15, Jaipur Metropolitan, Jaipur (hereinafter referred to as "the court below ") in Misc. Application No.66/2013, whereby the court below has dismissed the application of the appellant filed under Section 9 of the said Act seeking the interim measures. The respondent has also filed the S.B. Civil Writ Petition being No.6958/2013 under Article 226 and 227 of the Constitution of India challenging the order dated 15.02.2013 passed by the court below in the said application being No.66/2013, rejecting the objection raised by the respondent as regards the jurisdiction of the court below, to hear the application filed by the appellant -applicant under Section 9 of the said Act. The Court has admitted both, the C.M.A. and the writ petition after hearing the learned counsels for the parties at length. In the present application, the appellant -applicant has prayed to grant the interim relief for restraining the respondent from using the Trade name/Trade Mark "Chokhi Dhani " in any form and manner including the use as a signage/advertisement/letter heads etc. and from conducting any business or trade in the said name, as well as from carrying on the identical/similar services rendered by the appellant directly or indirectly from the premises of the respondent and from carrying on any village fair services identical or similar to the services rendered by the appellant, till the disposal of the appeal. The appellant -applicant had filed the application under Section 9 of the said Act before the court below, seeking various interim measures as contained in the said application, alleging interalia that the appellant was a company duly registered under the Companies Act, 1956, having its registered office at Jaipur and that the respondent was a partnership firm having its office at Ahmadabad. It was further averred in the application that the appellant was the proprietor of the trade name "Chokhi Dhani " and was engaged amongst other activities, in the services of hospitality, entertainment, food and beverage services, amusement park, ethnic village, and such other services, for last more than 22 years and had successfully developed its image and market perception as an ethnic village of rural ambiance, art and culture. It was also averred that the appellant had started franchise format of business and had franchise outlets at Surat, Mumbai, Pune, Panchkula and Chennai besides Ahmadabad and self run outlets at Jaipur, Indore, Jaisalmer and Bangaluru.
(3.) IT was further case of the appellant -applicant that the appellant (franchiser) had entered into one franchisee agreement with the respondent firm (franchisee) on 20.06.2008 for a period of 21 years with the lock -in period of 10 years, for operating and maintaining the franchise outlet within the territory of the city of Ahmadabad. As per the said agreement, the appellant had by way of permissive use, granted the respondent the right to use the said trade name "Chokhi Dhani " in relation to the services in accordance with the terms and conditions mentioned in the agreement.;