High Court Kerala High Court

M/S. Central Motors vs M/S.Bharat Sanchar Nigam Ltd on 9 July, 2009

Kerala High Court
M/S. Central Motors vs M/S.Bharat Sanchar Nigam Ltd on 9 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18820 of 2009(V)


1. M/S. CENTRAL MOTORS, MUNCIPAL BUILDING,
                      ...  Petitioner

                        Vs



1. M/S.BHARAT SANCHAR NIGAM LTD,
                       ...       Respondent

2. PRINCIPAL GENERAL MANAGER,

                For Petitioner  :SRI.SAJEEV KUMAR K.GOPAL

                For Respondent  :SRI. K.RAMAKUMAR (SR.)

The Hon'ble MR. Justice V.GIRI

 Dated :09/07/2009

 O R D E R
                      V.GIRI, J.
         ----------------------------------------
               W.P.(C).No.18820 of 2009
         ----------------------------------------
          Dated this the 9th day of July, 2009.


                      JUDGMENT

The petitioner responded to a notification

issued by the BSNL inviting applications for

appointing authorised franchisees to do sales and

distribution of BSNL telecom services. According to

the petitioner, the agreement commenced on

1.4.2008 and was to remain in force for a period of

two years. The petitioner affirms that he had

complied with other conditions as well.

2. Dispute arose between the petitioner and

the BSNL in relation to the matter of franchisee ship.

According to the petitioner, they have terminated his

franchisee ship. The petitioner submits that if there

is a dispute between the parties to the agreement,

there should be a bipartite discussion or negotiation

before invoking the arbitration provisions. According

to him this was not resorted to by the BSNL. Be that

as it may, it is a fact that the petitioner has

W.P.(C).No.18820 of 2009

:: 2 ::

approached the District Court under Section 9 of the

Arbitration and Conciliation Act, taking note of the

existence of an arbitration agreement

comprehending the franchisee and the BSNL. The

petitioner submits that the District Court has passed

an order injuncting the BSNL from terminating the

franchise agreement. The petitioner submits that

nevertheless, in violation of the injunction order,

they have proceeded to invite applications from

other persons for franchisee ship in the same area as

is allotted to the petitioner. Hence the writ petition.

According to the petitioner, this is also in violation of

Ext.P7, a communication issued by the DGM(Sales)

to the Chief General Manager, of all telecom

circles/Districts. Counsel for the BSNL refutes this

contention.

3. Admittedly, there is an arbitration

agreement binding the parties. It is on the said

premise, the petitioner has approached the District

W.P.(C).No.18820 of 2009

:: 3 ::

Court. If, according to the petitioner, there is a

violation of the injunction order, it is up to the

petitioner to approach the same Court for

appropriate orders. If there is any fresh cause of

action, that will enable him to approach the same

court for appropriate reliefs in that regard. In the

circumstances, I am of the view that it is not open to

the petitioner to invoke the jurisdiction of this court

under Article 226 of the Constitution.

Accordingly, the writ petition is closed,

without prejudice to the right of the petitioner to

approach the District Court invoking the provisions

of the Arbitration and Conciliation Act.

Sd/-

(V.GIRI)
JUDGE
sk/

//true copy//

P.S. to Judge