Bisleri International secured relief before the Assam District Court at Nagaon allowing application under Order 7 Rule 10 of the CPC, directing the return of the plaint filed by its ex-franchisee, G D Food and Beverages, to the proper jurisdiction in Mumbai.
The matter related to the appointment of G D Food and Beverages as its franchisee in 2012 due to Bisleri branded packaged drinking water for certain territories in Assam, on terms and conditions as more particularly mentioned in the franchise agreement.
Bisleri terminated the contract on the grounds of breach of the terms of the franchise agreement on the part of G D Food and Beverages.
G D Food and Beverages moved an application before the Assam Court seeking a declaration and permanent injunction against the termination of the franchise agreement after receiving an ex-parte injunction order against Bisleri by suppression of various relevant facts and thus obtained a stay on the operation of the termination of the franchise agreement.
The Bisleri challenged the ex-parte injunction filing an application seeking the return of plaint on the grounds that the ‘courts in Mumbai’ were the agreed court, according to the agreement.
Priyangshu Goswami appeared for Bisleri, briefed by Smriti Yadav, Partner, and Dhiren Karania, Principal Associate with Khaitan & Co with support from Rana Singha, advocate from Assam.
