Bombay High Court Temporarily Restrains Fashion TV From Executing Franchise Agreements In Lucknow Without Making Offer To Current Franchisees
1 year, 3 months ago

Bombay High Court Temporarily Restrains Fashion TV From Executing Franchise Agreements In Lucknow Without Making Offer To Current Franchisees

Live Law  

The Bombay High Court has issued an ad-interim direction restraining fashion media company Fashion TV Limited, from executing franchise agreements in Lucknow with third parties without first offering the franchise to their current franchisees. Justice Manish Pitale observed that prima facie, despite a First Right of Refusal clause in the franchise agreement, FTV executed another franchise agreement with third parties. The court observed that prima facie, the recitals and clauses of the agreement granted the petitioners a specific FROR for the Lucknow territory for the agreement's duration and opined that the concerned email gave the impression that FTV executed a franchise agreement without offering it to the petitioners first. Thus, the court granted an ad-interim order restraining FTV from entering into any franchise agreement for the Lucknow territory without first offering the petitioners the opportunity to exercise their First Right of Refusal.

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