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M/S RAJ KUMAR KARNWAL versus CHIEF M.D., B.S.N.L. AND OTHERS

High Court of Judicature at Allahabad

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M/S Raj Kumar Karnwal v. Chief M.D., B.S.N.L. And Others - WRIT - C No. 3368 of 2007 [2007] RD-AH 1267 (22 January 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

Heard Sri U.N. Sharma, learned Senior counsel assisted by Sri R.P. Mishra, learned counsel for the petitioner and Sri Subodh Kumar, learned counsel appearing for respondents.

The short controversy involved in this petition is that as per the terms and conditions of the agreement, particularly clause 7.1 entered into between the parties, there was a clause for extension of the Franchisees after the expiry of two years i.e. the contractual period and further clarification was given vide letter dated 16.10.2006 (Annexure '3' to the writ petition). The petitioner submitted the application for extension within the period stipulated in the agreement and sought extension. Instead of considering his application, fresh applications were invited issuing the advertisement.

After considering the case, we dispose of this petition directing the respondent No.2 to consider the application of the petitioner for extension of Franchisees  strictly in accordance with law  by a speaking and reasoned order expeditiously preferably within a period of two weeks from the date a certified copy of this order is produced by the petitioner before respondent No.2 which the petitioner is directed to file within one week from today.

For a period of three weeks, applications/tenders received in pursuance of the fresh advertisement dated 4.1.2007 shall be kept in abeyance.

Dt/- 22.1.2007

Sharma/3368


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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