NATIONAL AUTO IMPEX Vs. AUTOCOP INDIA PRIVATE LIMITED

JUDGEMENT

(1.) Through this petition, the petitioner has sought an interim protection by way of restraining the respondent, their servants, agents, representatives, dealers, sub-distributors and all other persons on their behalf from selling or offering for sale Car Security and Remote Control Central Locking System under the trade mark "PIRANHA" and "AUTOCOPXS" and also directing the respondents to supply the aforesaid goods to the petitioner against cash payment or current date cheques and also directing the respondents by way of mandatory injunction to clear the outstanding payment or adjust the outstanding payment.

(2.) The aforesaid interim measures are being asked for on the basis of the agreement executed between the petitioner and respondents 1 and 2 on 1/02/1995 whereby the petitioner was appointed as the distributor to sell the product of the respondent company under the trade name "PIRANHA" for whole of India except Greater Bombay. As per clause 6 of the Agreement it was agreed that no agent will be appointed by the respondents 1 and 2 to sell any other product in the distribution territory. Plaintiff was also given the liberty to appoint sub-agent and dealers in the territory for sale promotion of the products.

(3.) As per clause 15 it was agreed that it will be lawful to the principal to discontinue service of the Distributors by giving 3 months notice in writing and in case the distributors are unable to meet their mutually decided conditions, the principal cannot terminate this agreement up to period of six months from the date of this Agreement, since at least 3 months will be required by Distributors to have a concrete working of the product under this Agreement, after which time a suitable target can be evolved by mutual understanding. In such a case servicing will be totally borne by the principals within warranty period.