Calcutta High Court
Oravel Stays Private Limited vs Purbanchal Budget Hotel And on 24 October, 2019
Author: Amrita Sinha
Bench: Amrita Sinha
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
T.A. No. 26 of 2019
With
T. No. 14 of 2019
ORAVEL STAYS PRIVATE LIMITED
Versus
PURBANCHAL BUDGET HOTEL AND
GUEST HOUSE ASSOCIATION
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date : 24th October, 2019.
(VACATION BENCH)
Appearance :
Mr. Jishnu Saha, Sr. Adv.
Mr. Arindam Banerjee, Adv.
Mr. Ashis Kumar Mukherjee, Adv.
Ms. Arpita Saha, Adv.
Mr. Saurabh Prasad, Adv.
...for the petitioner
The Court: Leave granted to the plaintiff to present the plaint under Clause
12 of the Letters Patent and under Order II Rule 2 of the Code of Civil Procedure.
Mr. Ashis Kumar Mukherjee, learned Advocate-on-Record of the plaintiff is
directed to put in the requisite Court fees by 30th October, 2019.
The plaintiff has filed an application praying for an order of injunction
restraining the respondent and its members from coercing and/or forcing and/or
unduly influencing the hospitality partners of the petitioner in acting in any manner de hors the individual agreements between the petitioner and its hospitality partners.
2
The plaintiff-petitioner is a Company incorporated under the provisions of the Companies Act, 1956. The petitioner has entered into standardized contracts with various unbranded budget hotels, bed and breakfast and guest-houses on partnership basis.
The petitioner alleges that the respondent claiming to be an association of budget hotels and guest-houses based in Kolkata has suddenly activated itself in creating illegal and undue pressure and coercion on the petitioner demanding that the hospitality partners of the petitioner ought not to honour the bookings made by the ultimate consumers through the platform of the petitioner.
It has been alleged that rallies are being taken out by the respondent calling for boycotting the services offered by the petitioner. Due to the upcoming Diwali festive season the petitioner's business will be highly prejudiced if the respondent is not restrained by an order of temporary injunction from interfering with the individual agreements which the petitioner had entered into by and between the petitioner and the private hotels and the contracts executed by the petitioner with its hospitality partners.
The petitioner has relied upon several orders passed under similar circumstances by the High Court of Delhi at New Delhi.
Upon hearing the submission made on behalf of the plaintiff-petitioner and upon perusal of the order passed by the High Court at Delhi in similar circumstances, it appears that the petitioner has made out a strong prima facie case to pass an ad interim order of injunction in their favour. The respondent is accordingly restrained from interfering in any manner whatsoever with the 3 running of the business of the petitioner including the contracts entered by the petitioner along with its hospitality partners till 7th November, 2019 or until further order, whichever is earlier.
The petitioner is directed to serve a copy of the plaint along with the connected application upon the defendant/respondent immediately.
Let the matter appear in the list on 1st November, 2019.
(AMRITA SINHA, J.) TO/S.Bag