Veranda Race Learning Solutions Private Limited v. Anand And Vaisakh Learning Solutions,

KRISHNAN RAMASAMY, J.

These applications have been filed to grant an order of interim injunction as prayed for in the respective applications.

2. The learned counsel for the applicant would submit that the respondent had approached the applicant for the purpose of setting up a Licensed Centre at Manjeri, Malappuram for providing courses relating to Banking services, SSC, etc. In this regard, they entered into a Delivery Partner Agreement dated 01.08.2022. However, since the respondent had defaulted on performing its obligations and breached the terms of the Agreement, the petitioner sent a communication dated 05.09.2023. Under these circumstances, the applicant came to know that the respondent is proposing to enter into the agreements with other third parties, which is contrary to the terms of the said Agreement. Hence, the applicant filed these applications.

3. After filing of this application, notice was ordered and served to the respondent and the name of the respondent was also printed in the Page No.1/4

cause list. However, none appeared on behalf of the respondent, which shows that the respondent has no interest to contest this matter.

4. In the present case, in spite of the several opportunities given by this Court, there is no representation on behalf of the respondent. When such being the case, no useful purpose will be served by keeping these applications pending. Therefore, considering the submissions made by the learned counsel for the applicant, this Court is inclined to extend the interim injunction already granted by this Court.

5. Accordingly, the interim order already granted by this Court, vide order dated 09.01.2024, is extended till the date of first hearing before the Arbitral Tribunal.

6. In the meantime, the applicant is directed to initiate the arbitration proceedings to adjudicate the dispute between the applicant and the respondent, where, these applications shall be considered as Section 17 applications and accordingly, the respective parties may make submission for further continuation of the interim injunction granted by this Court. Page No.2/4

7. In the result, these original applications stand disposed of. No cost.

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KRISHNAN RAMASAMY, J.

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