you will have to hire advocate ,as in high court proceedings you receive a advance notice from the party advocate and you will be receving a court summon also shortly,you can contact Mr Ajay Sethi,who is from our panel of lawyers ,practising in mumbai high court for proper guidence.
Arbitration clause in franchise agreement
Hello I have received the notice from my franchisor advocate that they would file a petition in high court under arbitration clause in franchisee agreement. They submitted the petition but it seems that the court told them to send me a notice to be present in the court. I received the letter from the advocate that i should be present in the court next week. The letter doesnt not have any court order. What should i do?The court is in the different city. I have written a mail to the advocate & the franchisor that i am not going to pay the royalty because company did not acted in good faith(Wrong projections,lack of support) & i had to wind up like other franchisee's in the city. Do i need to look for lawyer now or should i wait for the court's order for arbitrator's appointment. Can the court appoint arbitrator without my presence in the court. Please help.
Asked 10 years ago in Business Law
6 Answers
you are from Mumbai and case is filed in another city . you should appoint an advocate . it is better that sole arbitrator be appointed by consent of parties other wise it would be an expensive proposition for you .
Hello Thank for your answer. So i need not be present in the court next week when they submit the petition. Would be wise to hire a lawyer & appear next week with my grievances. The petition is in kolkata high court. I am in mumbai.
Asked 10 years ago
Amt due to them is Rs.100000. I have incurred losses after taking the franchise. Most of the frachisee of the company have closed down in mumbai.
Asked 10 years ago
yes it is wise to hire a advocate
yes engage a lawyer to appear on your behalf in kolkata . court is only going to appoint arbitrator as you failed to do inspite of notice .
The notice has been served on you on the orders of High Court. If you do not field your lawyer then High Court would pass and order against you in your absence without hearing you. Do not venture to reply personally to the lawyer as by doing so you may implicitly confer legal rights on the opposite party.
You do not need to remain personally present at the hearing in Kolkata High Court. The presence of your lawyer will suffice. Some lawyers from Kolkata HC are on this site. You may contact any of them.