services of Salon have been explicitly
excluded. The Agreement provides that the Franchisor (plaintiff) and
the Franchisee (defendants No.1 and 2) would enter into ... recital A of the franchise agreement states that the
plaintiff/ franchisor is engaged in the business of creating,
marketing and selling facilities of fitness clubs
Goenka (P) Ltd. (hereinafter referred to as the "Assessee/Franchisor") is a Company registered under Companies Act, 1956 (hereinafter referred ... Salient features of agreement are as under:
(A) Petitioner is termed as Franchisor in agreement and is engaged in business of imparting and promoting education
consideration of the payment by the Franchise to the
Franchisor of the Franchisee Fees as agreed hereunder and in
consideration of the Franchise agreeing ... Franchisor
continuing or recurring fee by way of royalty, upon the dates
and manner hereinafter mentioned, the Franchisor hereby
grants a personal, non-exclusive
hereinafter the Act) r/w Sec. 65(48) which defines the term Franchisor. Consequently, the receipts by the assessee in relation to the transactions ... goods or to provide service or undertake any process identified with the Franchisor, whether or not a trade mark, service mark, trade name or logo
after going through the submissions held that the assessee is
a Franchisor of Zee Learn Ltd. and the intellectual property rights is vested with ... franchisor, the ZEE LEARN LIMITED and the applicant trust merely remains an
agent to the franchisor company for promoting its business on commercial basis
towards the service rendered by FEN during 01.07.03 to 30.09.06 as franchisors and Rs. 6,26,850/- towards Education Cess under proviso to Section ... They should not undertake work for another courier agency. In a franchisor franchisee arrangement, the franchisee is independent and its activities are not regulated
that the phrases "representational right" and
"process identified with franchisor" are of utmost importance to
understand the scope and import ... right to
represent essentially means a conferment of rights by the Franchisor
to the Franchisee to do the acts, which are solely identified with
Functions in accordance with the this
Agreement as required by the Franchisor.
2.2 It is hereby clarified that notwithstanding anything to the
contrary contained herein ... Franchisee is not permitted to use
the name of the Franchisor and/or the Trade Names / Trade
Descriptors for business of the Franchisee
five years and under the said
agreement, petitioner in instant OP as franchisor had given on franchise a
holistic education imparting service with an emphasis ... running play
schools') was given on franchise. The franchisor shall inter alia provide on-line
curriculum manual and updates for the same
87578-87581/2015,85038/2016
a) Sale of goods identified with
Franchisor;
b) Manufacture of goods identified
with Franchisor;
c) Provide service identified with
Franchisor ... Undertake any process identified
with franchisor.
Since these conditions are not satisfied in
the present case the services cannot be
classified under franchisee service
